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COLLECTIVE BARGAINING PROVISIONS
Seniority
Bulletin No. 908-11
UNITED STATES DEPARTMENT OF LABOR
M a u r i c e J. T o b i n ,
Secretary
BUREAU OF LABOR STATISTICS
E w a n Cl a g u e ,
Commissioner
UNITED STATES GOVERNMENT PRINTING OFFICE, WASHINGTON : 1949
Letter o f Transmittal
U nited States D epartment of L abor
B ureau of L abor Statistics
Washington, D. C., July 7 ,1949.
The Secretary of L abor.
I have the honor to transmit herewith the eleventh bulletin in the series on
collective bargaining provisions. The bulletin deals with seniority provisions,
and is based on an examination o f collective bargaining agreements on file in the
Bureau. This chapter was prepared by, and under the direction of, Abraham
Weiss and by Eleanor R. Lehrer of the Bureau’s Division of Industrial Relations.
E w an Clague. Commissioner.
Hon. M aurice J. T obin,
Secretary of Labor.
hi
Preface
A s early as 1902 the Bureau of Labor Statistics, then the Bureau of
Labor in the Department o f the Interior, recognized the growing
importance o f collective bargaining, and published verbatim the bitu
minous coal mining agreement o f 1902 between the Association of
Coal Mine Operators of Pennsylvania, Ohio, Indiana, and Illinois
and the respective districts o f the United Mine W orkers o f America.
Since 1912 the Bureau has made a systematic effort to collect agree
ments between labor and management in the leading industries and
has from time to time published some of those agreements in fu ll or
in summary form in the M onthly Labor Review.
The first bulletin entirely devoted to collective bargaining agree
ments was published in 1925 under the title “ Trade Agreements in
1923 and 1924.”
1927, and 1928.
Similar annual bulletins were published in 1926,
These bulletins analyzed only outstanding agreements
affecting certain industries and certain skilled crafts in which col
lective bargaining has followed a more or less established pattern.
No bulletins in this field were published by the Bureau between
1928 and 1942— a period during which collective bargaining first lost
ground in the depression and then made rapid strides follow ing the
enactment o f the National Labor Relations A c t in 1935. The growth
in trade-union membership from fewer than 4,000,000 workers in
1935 to more than 10,000,000 in 1942 not only resulted in a large
increase in the number of collective agreements covering industries
hitherto not included under collective bargaining, but also extended
the scope and area o f bargaining in individual industries. In recog
nition o f this development, the Bureau’s 1942 report on union agree
ments (Bulletin No. 686) dealt with provisions and clauses on
particular labor-management problems rather than with the agree
ments o f each union or industry separately.
The substance and character of collective bargaining agreements
change continuously, and many o f the clauses and provisions covered
in Bulletin No. 686 underwent significant changes during the war
emergency, as a result not only of the normal processes o f collective
bargaining but o f the decisions of the National W a r Labor Board.
New problems meant new clauses and new provisions.
The Board
also gave added impetus to certain forms o f union security, and to
v
PREFACE
VI
certain practices, now deeply imbedded in the entire field o f labormanagement relations.
The liquidation o f the Board, and the renewal o f emphasis on free
collective bargaining after V J -d ay, led to a tremendous increase in
the demand for information on specific current provisions in agree
ments.
Urgent requests came from employers and unions, from the
United States Conciliation Service, and from mediators and arbi
trators engaged in settling or preventing labor-management disputes.
I t was largely in response to these requests that the Bureau o f Labor
Statistics undertook to revise and bring up to date the material on
union agreements.
In this revision two significant departures have been m ade: (1)
Accumulation o f data has made possible the use o f a larger sample
than was possible heretofore. (2) The information will be presented
in a series o f small bulletins, each stressing a major area or significant
problem o f collective bargaining.
This will permit the material for
each major problem to be published as rapidly as finished without
waiting until all o f the subjects o f collective bargaining are analyzed.
I t will have the advantage o f greater flexibility in handling specific
requests for material from employers, unions, and the public.
Some
clauses are more or less stable and undergo relatively minor changes
even over a considerable period of time and therefore need only
occasional revision, whereas others undergo rather rapid change.
A lso, as new issues develop it will be possible to add new bulletins to
the series without revising those already published.
The clauses used are designed to facilitate, but not to condition,
the bargaining process. N o special attempt has been made to de
termine the prevailing industry practice or the most frequently used
provisions. The clauses are presented, not as models, but as a source
o f reference for those who participate in collective bargaining nego
tiations, by making available to them a wide variety o f provisions on
the specific subjects under consideration.
A n index o f all the contract
clauses quoted, with a brief description of each clause, is appended to
each report.
This report, dealing with seniority provisions, is the eleventh in this
Collective Bargaining Provisions series.
The bulletins already pub
lished are as fo llow s:
No. 908
Union Security Provisions.
No. 9 0 8 -2
Vacations; Holidays and W eek-E nd W ork.
No. 9 0 8 -3
Incentive
W age
Provisions;
Standards o f Production.
No. 908-4
Apprentices and Learners.
Tim e
Studies
and
PREFACE
No. 908-5
No. 908-6
No. 908 -7
No. 908-8
No. 908-9
No. 908-10
vn
Discharge, Discipline, and Q u its; Dismissal P ay
Provisions.
Leave o f Absence; M ilitary Service Leave.
Promotion, Transfer, and Assignm ent; Lay-O ff,
W ork-Sharing, and Eeemployment.
General W age Provisions.
W age Adjustm ent Plans.
Union-Management Cooperation, Plant Efficiency,
and Technological Change.
Contents
S e n io r ity
Page
Introduction___________________________________________________________
Definition and objectives of seniority: Clauses 1-16_____________________
Acquisition and calculation of seniority: Clauses 17-64__________________
The seniority unit: Clauses 65-92______________________________________
Exceptions to seniority rules___________________________________________
Trainees, specialists, and exceptional employees: Clauses 93-109____
Union officers and representatives: Clauses 110-121________________
Superannuated, disabled, and long-service employees: Clauses 122-126, _
Temporary exceptions and modifications by mutual agreement: Clauses
127-130_________________________________________________________
Seniority status in intraplant transfers__________________________________
Transfers within the bargaining unit:
Interdepartmental transfers: Clauses 131-153__________________
Company versus employee-initiated transfers: Clauses 154-163,_
Transfer, merger, or discontinuance of job or department: Clauses
164-170____________________________________________________
Transfers to and from bargaining unit: Clauses 171-185____________
Seniority status of foremen on return to bargaining unit: Clauses
186-191____________________________________________________
Seniority status in interplant transfers or mergers: Clauses 192-203______
Retention and loss of seniority_________________________________________
General clauses on seniority retention and loss: Clauses 204-225____
Seniority status on lay-off: Clauses 226-233________________________
Retention or cumulation on lay-off geared to length of service:
Clauses 234-242____________________________________________
Special preference based on seniority: Clauses 243-251--------------------------Seniority lists and administration of seniority: Clauses 252-269_________
Index_________________________________________________________________
VIH
1
3
6
13
23
24
27
30
31
31
32
37
40
41
45
47
50
51
55
57
58
60
65
B ulletin 7s[o. 908-11 o f the
U nited States Bureau o f Labor Statistics
Collective Bargaining Provisions
Seniority
Introduction
A seniority program aims to provide maximum security in employ
ment to those with the longest service.
B y setting up length of serv
ice as a yardstick, it seeks to eliminate favoritism and discrimination
in employment. However, in addition to length o f service, such other
factors as ability, skill, merit, efficiency, fam ily status, physical fitness,
and place o f residence may be included in the definition o f seniority.
These other factors may receive equal, less, or greater weight than
length o f service in determination of preferences.
W here unemployment normally is a serious problem, seniority
assumes great importance to workers. Although it does not, by
itself, create or preserve opportunities for work, to many workers
it is synonymous with the job itself. I t provides job status and
promises a security of tenure in relatively direct proportion to length
of service. But seniority is not absolute job security, since it does
not guarantee employment. I t provides preference for jobs only
where jobs exist. I f jobs are eliminated or otherwise unavailable,
little protection is afforded to any worker.
W h ile seniority is most frequently applied to determining the order
of lay-off and rehire, it is also extended, in some cases, to promotions,
transfers to more desirable duties, choice of shift, choice o f vacation
time, selection for overtime work, and the like.1 In applying seniority,
the major problems are: (1 ) Definition o f the area within which
seniority rights shall be exercised, that is, plant, department, or occu
pational u nit; and (2) the degree to which factors other than length
of service shall be considered.
M any types o f clauses have been negotiated, seeking to accommo
date the basic organization o f each plant to the general principle of
seniority.
In general, the composition o f any given labor force— the
degree o f similarity in operations and skill requirements of the various
1 See Bulletin 908-7, Prom otion, Transfer, and A ssignm ent; Lay-Off, W ork-Sharing, and
Reemployment.
830734 ° — 49 -
-2
1
2
COLLECTIVE BARGAINING PROVISIONS
departments— is the key factor in determining the type o f seniority
established.
Unions tend to favor length of service as the main factor in deter
mining preference in employment, because it gives the maximum
job security to the worker with the longest service. They contend that
there is a close correlation between efficiency (or experience) and an
employee’s length o f service, and that any gain that m ight accrue
by advancing or retaining exceptional workers out o f line with length
o f service would be dissipated by the resultant lowered morale of the
working force as a whole. Unions also claim that other factors are
too difficult to measure objectively.
Employers generally prefer to base promotions and the filling o f
vacancies and lay-off and rehiring on skill and ability. Management
contends that it must be able to recognize and encourage superior
performance, if productivity is to be increased, and that strict seniority
provisions conflict with this objective. Consequently, employers have
sought to m odify strict seniority by some recognition o f qualification,
skill, or ability to perform the available work.
W here factors other than length o f service are considered, the ques
tion arises as to their application. Shall the worker to be retained
or promoted be the most capable of those who have equal length o f
service, or shall it be the senior employee o f those who have about
equal capability? Unions contend that when the force is reduced,
men with longer service, if they are capable o f doing the lesser paid
or lesser skilled job, should have the work. W hether these employees
are the most skilled is not at issue. Management, on the other hand,
emphasizes that it must retain at least a nucleus of its best workers
if it is to operate efficiently with a reduced force.
The introduction of such qualifications as ability or adaptability
also poses the question of how to measure ability. Some agreements
leave the decision entirely in the hands o f management; others pro
vide that the bases for comparison shall be agreed upon between
union and management.
A b ility to do the job is balanced with the seniority principle
in many cases by establishing separate seniority groups.
W orkers
are separated into groups on the basis of occupation or craft, type
o f work, or geographic or departmental divisions.
Employees are
laid off, rehired, or promoted within these groups as distinct units,
thereby assuring, in part at least, that they will not be placed in jobs
for which they are not trained or experienced.
Seniority may prove a problem to the union itself because of the
possibility o f conflict between the older workers who have long serv
ice and the newer workers who have short tenure.
W here, for ex
ample, men o f long service have the right to displace junior workers
SENIORITY
3
in any department, the down-grading or lay-off of most of the younger
men is inevitable. W here the younger workers are numerically
strong, they may succeed in eliminating the “ bumping” rights of
their seniors and press for a division of available work through work
sharing. Long-service workers, on the other hand, cite their right to
the available work and decry any “ poverty-sharing.”
(See Bulletin
9 0 8 -7 ).
W ith the widespread adoption o f seniority, workers are more hesi
tant to leave their jobs and lose their seniority standing with one
company and start at the bottom o f the seniority list in another com
pany. T o this extent, seniority helps to reduce turn-over. Since
most workers have reasonable assurance o f reemployment at the end
o f short lay-off periods, they are relieved o f the necessity o f seeking
permanent jobs elsewhere. Employers, too, are assured that a large
proportion of their experienced workers will return as soon as busi
ness improves.
Definition and Objectives o f Seniority
Under some agreements, seniority is defined as length o f service;
in others, seniority is given a broader meaning and other considera
tions, such as capability and performance, are included.
Some sen
iority clauses introduce such factors as need, fam ily status, number
o f dependents, place of residence, citizenship, physical fitness, in ad
dition to merit qualifications. W here length o f service is the sole
factor recognized, seniority is termed “ straight” or “ strict.” W here
the relative qualifications o f the employees involved are given some
weight, seniority is called “ modified” or “ contingent.” These latter
clauses differ as to the factors included in the seniority formula and
as to whether these qualifying factors are given equal, less, or greater
weight than length of service. Some seniority clauses place greater
emphasis on ability than on length o f service for promotion, but give
greater weight to the latter for lay-off purposes.
The definition clause may also state the purposes to which seniority
is applied.
1. jDefinition and Purpose
All paragraphs of this agreement pertaining to seniority shall mean company
service and shall be applied in departments unless otherwise specified in this
agreement. Seniority is preference or priority by length of service with defi
nite right qualifying employees for employment when work is available, the
purpose of which is to provide a declared policy of work security .measured by
length of service. In laying off or recalling employees, or sharing of work,
department seniority shall be observed in the following manner:
1. Length of service in the department.
2. Employees’ ability and willingness to do the work available.
4
COLLECTIVE BARGAINING PROVISIONS
2. Statement of Objective of Seniority Provisions
It is the intent and purpose of this article to preserve the principle that pro
vided the employee has the ability to perform the work, job security should in
crease in proportion to length of continuous service without interruption to effi
cient operations of the plant.
3. Definition: Employee's Relative Status in Department, Controlled by Length
of Service
Seniority is defined as the relative status of the employee in a department or
in a group of similar departments (as indicated in schedule A annexed to this
agreement) to be determined by the following factors:
Length of service is to control, except that where length of service is relatively
equal, skill is to control. The union agrees that in the case o f lay-offs and re
hiring, the employee retained or rehired must be able to perform at that time
the minimum standards of the required work to which he may be assigned, and
rehiring shall be in the reverse order to lay-offs.
Length of service shall be the total service with the company since the date
of last employment, except as otherwise provided herein.
4. Seniority Defined as Continuous Service. Continuous Service Defined
Seniority shall be considered as the length of an employee’s continuous service
with the company and continuous service shall mean a period of service not in
terrupted by removal from the company’s pay-roll records.
5. Definitions of Plant, Departmental, and Classification Seniority
Plant seniority as used in this article means length of continuous service since
the last date of employment at the company’s ------refinery, subject to sections------a n d ------of this article.
Departmental seniority as used in this article means the accumulated length
o f time worked on a permanent basis in divisions composing a department as
specified in the promotional chart shown as appendix A of this agreement and
forming a part of this agreement subject to sections------ a n d ------- of this article.
Classification seniority as used in this article means the accumulated length
of time worked on a permanent basis in a classification as shown in the list of
classifications and rates shown as appendix B of this agreement and forming a
part of this agreement subject to sections------a n d ------- of this article.
6. Definition: Total Continuous Service Plus Job Performance Record
The seniority of an employee shall consist of total length of continuous service
plus the employee’s record of job performance.
7. Definition: Ability and Length of Service
Seniority as used herein shall mean ability and length of service with the
company. It is agreed ability shall determine the order in which such employees
shall be laid off or rehired.
8. Definition: Service; Efficiency; Application
In cases of promotion as well as in cases of increase or decrease of forces, the
employees shall be granted preference in the order of their seniority status.
Seniority status shall be based upon:
1. Length of continuous service with the company.
2. Efficiency.
5
SENIORITY
3. Application to the job.
If one and two are equal, then the third part shall govern the case.
9. Equal Consideration to Capability, Length of Service, and Family Status
It is agreed that in all cases of promotion, or increase or decrease of working
forces, the following factors shall be equally considered:
(1) Capability.
(2) Length of continuous service.
(3) Family status, number of dependents, etc.
10. Length of Service Governs, Provided Other Factors Are Relatively Equal
Seniority is defined as the length of an employee’s service with the company
from his latest employment date and shall apply in all cases of promotion or in
crease or decreases of forces. However, the factors listed below shall be con
sidered and where factors (&) and (c) are relatively equal in the opinion of
the foreman of the department involved, length of continuous service shall
govern:
(a) Length of service.
(b) Ability to perform the work.
(c) Physical fitness.
11. Merit Considered in Applying Seniority
Seniority is defined as the length of an employee’s continuous service with
the company and it shall apply, merit considered, as to demotions, promotions,
lay-offs, and rehiring within a department.
12. Qualifications and Seniority Considered.
Qualifications
Union Consulted in Determining
Any change in the status of an employee shall always involve consideration of
both his qualifications and his seniority.
Qualifications shall include ability and interest, which shall be determined
by the company, but only after consultation with not less than three members of
the union committee.
Everything being equal as to qualifications, seniority shall govern.
13. Application of Seniority: Controlling in Lay-Off and R ehire; Given Consid
eration in Filling Vacancies
The seniority of an employee will determine the order in which he may be laid
off in case of a reduction of working force, or the order in which he will be called
back upon opportunity to employ more men. It will also be considered in filling
new positions and vacancies as provided in this agreement.
14. Application of Seniority Conditioned by Competency.
petency Subject to Grievance Procedure
Determination of Com
In cases of lay-offs, call-backs, and all transfers in lieu o f or resulting from lay
offs, the application of seniority rules shall be conditioned only by the employee’s
competency to perform the job, apart from any consideration of relative skill and
ability. In such cases determination of the employee’s competency shall be sub
ject to review under the grievance procedure.
15. Work, Shift, or Plant Assignments Not Covered by Seniority
Seniority status shall not be a factor in work assignments or assignments to
shifts or plants.
6
COLLECTIVE BARGAINING PROVISIONS
16. Factors Excluded in Determining Seniority: Race, Marital Status, Dependents
Rank on the seniority list shall not be affected by the race, marital status, or
dependents of the employee.
Acquisition and Calculation o f Seniority
Most union agreements require a probationary period before em
ployees are given regular or permanent status. A t the expiration o f
this period, seniority is usually retroactive to the date of hire, although
it may begin with the date o f permanent status.
The duration of the probationary period is generally specified.
Skilled workers are sometimes required to serve longer probationary
periods than others. The trial period may be expressed as a con
tinuous period of time worked (30, 60, or 90 days, for example) or as
an accumulation o f a given number o f nonconsecutive days or hours
o f work within a given time period. In the latter instance, employees
laid off during their probationary period have preference in rehiring
as against new employees, and their accumulated service is credited
towards the completion of the probationary period. In such instances,
too, seniority may be dated back to a specified time (equal to the length
o f the trial period) prior to the date the employee completed his
probationary period.
Probationary employees are covered by the agreement, but their
retention, lay-off, or discharge is at the sole discretion o f the employer.
I t may not be made the subject of a grievance by the employee or the
union unless union discrimination is alleged.
The relative standing of employees whose seniority begins on the
same day may be determined by clock number or by mutual agreement
o f union and management. The seniority of employees, rehired after
having lost their previous seniority, is calculated from the date o f
rehiring.
Special provisions are sometimes included in agreements covering
the acquisition and calculation o f seniority for part-time employees
and for apprentices.
17. Seniority From Date of Employment
Seniority shaU date from the date of employment
18. Seniority Retroactive to Hiring Date After SO Working Days
When a new employee has completed 30 working days with the company,
he shall be granted plant seniority which shall date back to that employee’s first
day of employment with the company.
19. Seniority Retroactive to Hiring Date A fter 8 Weeks1 Accumulated Employ
ment in Any 12-Month Period
When a new employee has completed an accumulated 8 weeks’ probationary
period with the company in any 12-month period, his service for the purpose of
seniority rights shall be computed from the initial hiring date.
SENIORITY
7
20. Seniority Rights After 6 Months’ Employment in 12-Month Period
All new employees shall serve a satisfactory accumulative probationary period
of 6 months within a 12-months’ period before becoming entitled to full seniority
rights as set forth in this agreement.
21. Seniority Acquired by Working 90 Days in 24-Month Period; Retroactive to
Date 90 Days Before Seniority Acquired
Employees may acquire seniority by working ninety (90) days during a period
of twenty-four (24) months in which event the employee’s seniority will date
back ninety (90) days from the date seniority was acquired.
22. Seniority Established A fter 24 Days Worked or Maximum of 48 Days from
Hiring Date, Whichever Is First
A new employee shall be considered as having established seniority after
twenty-four (24) days worked from the day he is permanently assigned to a
department or after a maximum of forty-eight (48) days from the date of em
ployment, whichever occurs first. The dismissal of such employee during this
probationary period, without regard to seniority or the reason therefor, shall not
be taken up by the union as a grievance.
23. Length of Probationary Period Differentiated for Various Groups of Em
ployees
Employees, except the skilled groups in the engineering division, shall be re
garded as temporary during the first one calendar month of continuous employ
ment with the company. Employees in the skilled groups in the engineering
division shall be regarded as temporary during the first two calendar months of
continuous employment with the company. The company shall have no responsi
bility for the reemployment of these temporary employees if they quit, or are
discharged or are laid off, nor shall they have preference of job tenure. After
one ( ! ) calendar month of continuous service, however, employees’ names shall
be placed on the seniority list of the department specialized group or classification
in which they are working at the time, in order o f their hiring date, except in the
engineering division it shall be two (2) calendar months.
24. Length of Probationary Period Indeterminate Up to 60 Days’ Maximum
New employees employed by the company shall be employed for an indetermi
nate probationary period not to exceed sixty (60) days beginning with the first
day of employment and for the next fifty-nine (59) calendar, days. Probationary
employees will not come within the scope of the agreement except that the
minimum rate of wages, as started in section------, and the maximum hours of
work shall apply. Probationary employees retained beyond sixty (60) days or
accepted in writing by the company prior to such sixty (60) days shall become
members of the union, and their seniority will begin from the date of their
employment. Provided, however, that in the case of a probationary employee
whose employment is terminated during the period of probation and who is sub
sequently rehired, the date rehired shall govern seniority.
25. Probationary Period for Common Labor—8 Months; Other Employees— 6
Months
The probationary period for common labor shall be three (3) months. The
probationary period for helpers being trained as machine operators and all other
new employees shall be six (6) months.
8
COLLECTIVE BARGAINING PROVISIONS
26. Extension of Probationary Period at Company Request
After a probationary period of continuous employment described below, each
employee will have seniority in the “ Occupational Group,” as now or hereinafter
denominated, in which he is then working. When thus established, such seniority
will be equal to the employee’s continuous length of service with the company:
(A ) Engineers—90 calendar days—with 90 additional days at the request
of the company.
(B ) Technicians— 45 calendar days—with 15 additional days at the request of
the company.
The union shall not unreasonably withhold its consent for such additional days.
27. Reduction of Probationary Period at Company Option
The first sixty (60) days of accumulated service (which must be completed in
1 year) is a probationary period and, when completed, seniority shall be dated
back to the date of hiring. If at the end of thirty (30) days an employee has
demonstrated his ability and capacity to fill the job for which he was hired, or to
which he has been assigned, the company may reduce the probationary period to
thirty (30) days, and so notify the employee and the department steward. The
management reserves the right to discharge or discipline probationary employees
in whatsoever manner the management deems just and fitting.
28. New Employees and Former Employees Who Have Lost Seniority Must Com
plete Probationary Period—Paid Probationary Rate of Pay
New employees and employees who are rehired by the company after having lost
their seniority for the reasons set forth in sections------ t o -------, inclusive, shall be
considered probationary employees with no seniority for a period of 30 days
after which their seniority shall date from the first day of their current hiring.
Such probationary employees may be discharged by the company within the 30day period for any reason whatsoever except membership in or proper activity
on behalf of the union, and such discharge shall not be contestable by the employee
or the union.
New employees, employees rehired by the company after having lost their
seniority for the reasons set forth in sections------ t o ------- , inclusive, above, and
employees rehired by the company after a lay-off in excess of 2 years shall also
be hired at the appropriate probationary rate of pay for the craft or department
concerned, except for laborers, who shall be hired at the appropriate rate of pay
for the classification.
29. Union May Represent Probationary Workers Except on Lay-Off or Discharge,
Unless Union Discrimination Charged
The union shall represent probationary employees for the purpose of collective
bargaining in regard to rates of pay, wages, hours of employment and other
conditions of employment, but the union shall not represent probationary em
ployees who have been laid off or discharged, except in case the lay-off or dis
charge is for discrimination or union activities.
30. Determination by Employment-Card Number
Prior seniority between employees bearing the same seniority date shall be
awarded to that employee possessing the lower employment-card number.
Employment-card numbers shall be assigned to employees in the order of their
hiring.
SENIORITY
9
31. Determination by Order of. Hiring
An employee’s seniority shall begin after thirty (30) days of employment, and
shall be retroactive to the day he commences work. If more than one employee
commences work on the same day, then order of hiring shall determine order
of seniority. During said thirty (30) day period such new employee shall be
considered a probationary employee and retention of the employee shall be de
termined solely by the company.
32. Driver's Seniority Dates From Time He Operates Bus Alone
The seniority of present operators will remain as now established by current
seniority rosters as revised. The seniority of any operator will be established as
of the hour and date that they are permitted to operate their bus alone.
33. Seniority Calculated From Hour on Time Card
Employees on the seniority list prior to August 3, 1941, having seniority of the
same date will be ranked by the hour shown on their time card on the first day
of employment.
34. Ability Determines Relative Position of Two or More Employees Who Have
Equal Length of Service
In the event two employees of the employer have equal seniority by length of
service, then the employer shall have the right to fix the relative position of the
two or more employees according to the ability of said employees. Any em
ployee who shall feel aggrieved by such decision shall have the right to present his
grievance in this respect.
35. Seniority Computed in Years, Months, and Days. No Deduction for Sickness
or Temporary Lay-Off
Seniority is considered the length of service from the first date of continuous
employment in years, months, and days of any employee in the plant where em
ployed. Time lost through sickness or temporary lay-off shall not be deducted
from employee’s seniority record.
36. Seniority Computed in Years, Months, and Days. Deduction for Unexcused
Absences
The seniority of an employee is measured by years, months, and days of continu
ous employment by the employer less time lost due t o :
Unexcused absences—for purposes of clarification, unexcused absences shall
mean absence from the job without permission of the department manager or
failure to notify the employer when absent from work. In any case where
the union feels that an employee is unjustly charged with an unexcused absence,
the union may take recourse to the grievance procedure outlined in article X X
of this agreement. In cases where unexcused absences cause loss of seniority to
an employee, the industrial relations department of the employer will so notify
the union business agent within ten (10) days from the date the employee re
turns to work.
37. General and Departmental Seniority—Method of Calculation
General seniority is the aggregate years, months, and days of work performed
by an employee at the plant.
Departmental seniority is the aggregate years, months, and days of work per
formed by an employee within his departmental seniority unit.
830734°— 49------3
10
COLLECTIVE BARGAINING PROVISIONS
38. Plant, Department, and Subdivision Seniority—Method of Calculation
Seniority in a subdivision having an agreed line of succession shall date from
the date of entrance into that subdivision, seniority in a department shall date
from the date of acceptance into that department and seniority in the plant shall
date from the date of the entrance into the plant, subject to an employee having
been employed for 30 days.
39. Seniority Accumulated on Weekly Basis
No employee shall be placed on the seniority list of any employer until he has
worked eight (8) workdays and when said employee has worked eight (8) work
days he shall then be eligible to go on the next seniority list posted, effective
as of the day he started work. Seniority shall be accumulated on a weekly
basis.
40. Seniority Equals Service in Job Classification Plus 4 Months' Credit for Each
Year of Service in Other Job Classifications
Seniority shall depend upon length of continuous employment in the employee’s
job classification, plus a 4-months’ credit for each year of continuous employment
in the plant in other job classifications.
41. Credit for Prior Company Seniority to Employees Employed at Any Plant of
Company as of Specified D ate; Others Accrue Plant Seniority Only, From
Date of Employment at Given Plant
All employees assigned to regular classifications as of November 30, 1939, shall
enjoy seniority composed of actual plant seniority earned a t ------refinery, plus
any company seniority earned elsewhere. The seniority of any employee trans
ferred t o ------ refinery after November 30, 1939 shall be computed from the date
he entered employment at th e ------refinery.
42. Prior Company Service Added When 25 Years' Service Accrued
When an employee has accumulated twenty-five (25) years’ continuous service
any prior company service shall be added thereto.
43. Time Spent With Specified Companies or Any Newly Acquired Companies
Counted in Calculation of Seniority
Determination of company service. In computing the company service record
of any such employee who is now an employee of th e ------ company, his service
record, if any, with t h e ------ company and its predecessors in interest and his
service record with th e------ company, as the case may require, shall be included
and counted.
In computing the service record of employees taken over by the company with
properties which it has acquired or may acquire from other companies, or other
operations which it has taken over or may take over from other companies,
credit will be given for their respective service records with the company from
whom the property was acquired or the operation taken over.
44. Seniority Computation Excludes Time Worked Prior to Specified Date
Length o f continuous service for an employee shall consist of the actual time
in whole months that the employee has been employed by [name of company],
except that employment prior to January 1, 1929, shall not be included. This
shall be computed by continuing to date the length of service record in full
months as noted on his record with [name of company].
SENIORITY
11
45. Seniority Calculated With Reference to Specified Date
Seniority of any employee, as such term is used herein, shall mean the length
of service of such employee with the company in any particular department,
beginning with September 1, 1933. All employees who were in a particular
department as of May 1, 1936, shall carry as their department date, their plant
employment date.
46. Plant Seniority Credited to Department Seniority, I f Employed in Department
by Specified Date
An employee’s plant seniority shall be computed in years, months, and days
from the first date of his employment.
An employee’s departmental seniority shall be the same as his plant seniority
if he was a regular employee in the department before January 1, 1922. Men
entering the department since that date have departmental seniority as of the
entering date.
47. Rules for Computing Seniority Not to Affect Employees’ Seniority Status
as of Date of Agreement
The rules of this agreement for computing seniority standing shall be applied
prospectively and shall not alter the seniority standing as o f the date of execu
tion of this agreement, subject, however, to agreement between the company and
the union as to the proper seniority o f employees who entered the employ of the
company by the acquisition of new properties heretofore acquired.
48. No Deductions from Continuous Service for Absence for Specific Reasons
Time actually spent on the pay roll plus properly approved absences will be
counted as continuous service in determining seniority rights for the purpose
of vacation pay, job placement, shift preference, lay-offs and recalls.
Time off the pay roll will be counted as continuous service without deduction
of time lost, when an employee is either sick or injured, laid off due to curtailment
of production, on leave of absence approved by the company and the union, and
any time spent in the armed forces of the country during time of war emergency,
or compulsory military training.
49. Deduction from Seniority Standing for Specified Absences
A deduction will be made from seniority standing for any o f the following
absences:
(1) Time lost due to lay-offs in excess of ninety (90) calendar days in any
calendar year.
(2) Time lost due to personal nonoccupational illness and/or nqpindustrial
injury in excess o f one hundred eighty (180) calendar days in any calendar year.
(3) Time lost due to unexcused absences.
50. Absence from 1 to 2 Years Due to Sickness Deducted From Length of Service
Any employee off due to his sickness shall accrue seniority up to one (1) year;
thereafter he shall have seniority he has accrued up to and including this year,
upon presentation of a doctor’s certificate mutually agreeable to both parties.
In the event he is off more than two (2) years, upon being rehired, he assumes
the status of a new employee. It is not the intent of this paragraph to place an
employee on a job he has not been broken in on.
12
COLLECTIVE BARGAINING PROVISIONS
51. No Accrual of Seniority During Maternity Leave or Other Leaves Without Pay
Seniority shall be computed from the earliest date of continuous employment
at the [company] irrespective of transfers, promotions, or demotion. Seniority
shall not be forfeited during vacations, maternity leave, allowed period of sick
leave, other leaves with or without pay, or leave for the armed service. Time
of service shall not be accrued during maternity leave, or other leaves without
pay.
52. Absences During Probationary Period Deducted from Service
If an employee shall be granted a leave of absence or shall be absent in excess
of 5 days during the probationary period, the effective date of acquiring seniority
may be postponed by a period of time no longer than the employee has been
absent or on leave.
53. Time Worked Prior to Lay-Off During Probationary Period Credited I f
Rehired Within 6 Months
Employees who are laid off during their probationary period, if rehired within
six (6) months after the lay-off, shall be entitled to count the time of previous
probationary employment toward their sixty (60) day probationary period.
54. Occasional Lay-Offs During Probationary Period Ignored
No employee is to hold seniority until he has been on the pay roll for an un
interrupted period of 6 months. Occasional lay-offs to spread the work will not
be considered an interruption.
55. Seniority for Part-Time Employment Accrues at One-Half Regular Rate
The seniority standing of part-time employees will be considered to have ac
crued at one-half the rate of full-time employees.
56. Part-Time Employees; Pro Rata Seniority Cumulation Geared to Assigned
Weekly Hours
* * * it is understood that from and after April 25, 1945, part-time em
ployees shall accumulate seniority credit in accordance with the following table:
Number hours normally assigned
(per week)
Seniority credit
(per calendar month)
Up to 8 hours, inclusive____________________________ % month.
Over 8 to 16 hours, inclusive----------------------------------- % month.
Over 16 to 24 hours, inclusive______________________ % month.
Over 24 to 32 hours, inclusive----------------------------------- % month.
Over 32-------------------------------------------------------------------- 1 month.
57. Part-Time Employees ; Seniority Credit as Ratio of Part-Time Hours to FullTime Hours, Seniority not Applied to Lay-Off of Part-Time Employees.
A part-time employee shall be entitled to credit for length of service in the
same proportion that time regularly worked by such part-time employee bears
to the time regularly worked by a full-time employee except for purposes of
lay-off and rehiring after a lay-off. For purposes of lay-off, part-time employees
shall not be considered to have acquired seniority.
58. No Seniority for Part-Time Employees
Part-time employees, that is, those hired solely on a part-time basis, and do
not work regularly the full daily, weekly, and monthly schedule of the depart
ment shall not attain or accrue seniority. They will be treated in all cases as
SENIORITY
13
temporary employees, until and unless they are assigned a full-time job with
the company. Seniority will commence with starting date of full employment.
59. Apprentice's Seniority Dates from Time of Completing Apprenticeship
If an apprentice is retained in the service upon completion of his apprentice
ship, his seniority rights as a journeyman machinist will date from the time
of completion of apprenticeship. Apprentices are subject to be laid off in cases
of force reduction to maintain the ratio.
60. One Year's Seniority Credit on Completion of Apprenticeship
Apprentices retained after completing their apprenticeship shall be given 1
year’s seniority.
61. Veteran Not Previously Employed Given Seniority Credit for Time Spent
in Armed Forces
Any veteran of World War II who has been discharged, other than dis
honorably, from the armed forces of the United States and who immediately
prior to his acceptance in the armed forces was not previously employed by
[name of company] and who is employed by [name of company] within twelve
(12) months after his discharge, provided it is his first place of employment
after his discharge, shall take his place on the seniority list after completing
the sixty (60) day trial period. His seniority shall be computed from the day
of his acceptance into the armed forces. However, no veteran covered by this
section shall have seniority prior to December 7,1941.
62. Union Members Only Accrue Seniority
No employee shall hold seniority on the plant or department seniority lists
until he has been in the employ of the company for 30 calendar days. After
said thirty (30) days, he shall be placed on the plant and the department
seniority lists according to the date and hour of hiring and none but members
of t h e ------ unit of lo c a l------- , international union [name of union], will have
seniority.
The union employees shall hold plant seniority as established by the plant
seniority list as of February 9, 1943, and by the seniority committee. The
people hired after said date shall hold plant seniority as of the date and hour
of hiring, and according to section------ of this article.
63. No Accrual of Seniority by Employees Initially Hired Outside Bargaining
Unit
An employee in an excluded position who was initially hired outside the
bargaining unit shall not accrue seniority in the bargaining unit.
64. No Seniority for New Employees Over 60 Years of Age
The condition of employment of new employees whose ages are sixty (60)
years and over shall be of a temporary nature. Seniority stipulation for this
group shall apply only within the group itself separately from regular employees.
This group may join and support the union with the understanding that the
company can discontinue their employment at any time.
The Seniority Unit
The unit within which service credits are computed and applied
is a very important consideration in affording the maximum security
14
COLLECTIVE BARGAINING PROVISIONS
to employees who have rendered longest service. Generally, the
broader the seniority unit, the more secure are senior employees, since
preference in lay-off and recall is on the basis o f total service regard
less of which plant, department, or occupation is being curtailed. I f
seniority applies only within a department or occupational group, the
employee has fewer opportunities to use his seniority status as pro
tection than he would if his rights extended throughout the plant.
Unions generally desire to extend coverage coextensive with the
bargaining unit in order to protect all employees for whom they are
the bargaining agents. Management customarily prefers narrower
seniority units, preferably by job classification or department, in order
to establish competition between the same skills, to prevent excessive
displacement o f workers and numerous transfers from one depart
ment to another, and to eliminate high training costs. The types o f
seniority incorporated in agreements probably reflect attempts to
reconcile the view that the wider unit gives the greatest protection
with the belief that some kind o f limitation on departmental, occu
pational, or geographic lines is necessary for productive efficiency.
Seniority may accumulate and operate on a company-wide, plant
wide, division-wide, departmental, or occupational basis, or on any
combination o f these types or units. The seniority system is usually
adjusted to fit a local situation and the size o f the unit; therefore,
variations are usually with differences in size o f plant and scale o f
operations, differences in skill and experience requirements, diversity
o f processes, and ease o f interchangeability o f types or classes o f
work. The presumption is that the more skills or types o f work, and
the greater the degree o f specialization, the smaller the individual
seniority unit. F or this reason, seniority is more often established
on a departmental than on a plant-wide basis. Departmental sen
iority is, o f course, another method o f reconciling the strict seniority
principle with efficient operation o f the plant. Thus, an employee’s
right to job preference on the basis of his length o f service is recog
nized, but this right is restricted to workers qualified to perform
available work.
Under plant-wide seniority, the entire plant is treated as a single
unit.
The status o f each employee is determined by the total o f his
recognized service at the plant, and transfers from job to job within
the plant have no effect on seniority standing.
A long-service worker
can exercise his seniority to displace a junior worker on any job which
he can handle. A s a result, one lay-off may cause a number o f
displacements.
Under strict departmental or occupational seniority, there are sep
arate seniority lists for each department or occupation.
The seniority
acquired in one department determines the order o f lay-off and re-em
ployment, and sometimes the promotion, of workers in that depart
SENIORITY
15
ment. Under this type o f seniority, senior plant employees in one
department may find themselves out o f work, while junior employees
in other departments are working full time. The situation also applies
during restoration o f forces. Production in different departments
may be resumed in varying order, and junior workers m ay be taken
on in one department while senior employees in other departments
continue on lay-off. To alleviate the situation, some agreements pro
vide combinations o f plant-wide with occupational or departmental
seniority, or establish different seniority units for different purposes
with respect to the same group o f workers.
A m on g the many combinations o f departmental and plant seniority
are the follow ing: (1) Lay-off and rehire on a plant-wide basis; pro
motion and transfer on a departmental seniority basis; (2) lay-off by
departmental seniority; rehire by plant seniority for jobs employees
can perform in any department; (3) short lay-off by department
seniority; longer (including permanent) lay-off by plant seniority
in order to avoid undue movement in the event of a short-term reduc
tion in force; (4) seniority applied by department but computed on the
basis o f total plant or company service; (5) plant seniority for longservice workers but only department seniority for short-service work
ers; (6 ) seniority by department, where displaced workers may
“bump” employees in unskilled entrance departments on the basis of
plant seniority. (T he net effect is to establish a limited form of plantor company-wide seniority for lay-off purposes.) The seniority unit
is also broadened, in some cases, to permit employees whose jobs are
eliminated by technological change to exercise their seniority rights
within their occupational group or related occupational groups any
where in the plant.
Different seniority units may be set up for skilled and unskilled
employees. Unskilled employees may accrue seniority based on length
o f service with the plant or company. Classified employees, on the
other hand, may also accrue departmental seniority, and employees in
a few job classifications (the highly skilled, or those found in many
departments) may be placed on separate occupational seniority lists.
Some agreements provide for seniority on the basis o f sex, specifying
separate seniority lists for men and women.
In agreements covering several widely scattered plants o f a com
pany, the State or some other geographical unit may be regarded as
the seniority unit.
Determination of the unit in these multiplant
agreements, however, is often left to local plant negotiations.
65. Company-Wide Seniority
Seniority of employees shall be company-wide and such seniority shall com
mence from original date of employment in the production and maintenance
16
COLLECTIVE BARGAINING PROVISIONS
departments of the company’s operations for employees certified in the order
issued by the National Labor Relations Board.
66. State-Wide Seniority
For the purpose of applying the seniority provisions of this article the State of
------shall be regarded as the unit.
67. Seniority "by Geographical District; Modifications by Mutual Agreement
The operations of the company shall be divided into the following five (5)
seniority districts in which operators there regularly employed shall hold
seniority.
District 1_______________________________ * * * Regions
District 2_______________________________ * * * Regions
District 3_______________________________ * * * Regions
District 4_______________________________ * * * Regions
District 5_______________________________ * * * Regions
I f any change occurs in the operations of the company which would necessitate
an increase in, decrease from, or rearrangement of the above named seniority
districts the company agrees that said increase, decrease, or rearrangement
shall be subject, as same affects seniority, of further negotiations and agreement
between the parties hereto.
68. Plant-Wide Seniority: Promotion, Demotion, Increase, or Decrease of Forces
Seniority shall be applied on a plant-wide basis within the bargaining unit for
all cases of promotion or demotion or increase or decrease of working forces.
69. Division Seniority
The unit for the application of the seniority principles shall be a division of
the company, enumerated as follow s:
1. Production, procurement, stores and timekeeping.
2. Drop hammer, finishing and plating, metal bench and welding, machine
shop, sheet metal and spares shipping.
3. Experimental.
4. Quality control.
5. Cafeteria.
6. Maintenance, machine repair, marine, sanitation and garage.
7. Tool room, wood shop and tool cribs.
8. Assembly, final assembly, airport and strawberry point.
9. Terminations (all 801-badge numbers).
70. Departmental Seniority
Seniority rights shall be rated by departments only.
71. Departmental Seniority—Secondary to Ability in Promotions
The ordinary rules of seniority shall apply on a departmental basis, but in
promotions, seniority shall be secondary to ability.
72. Seniority by Noninterchangeable Occupational Groups
The company shall arrange all job classifications of employees subject to this
contract in noninterchangeable occupational groups. All employees classified
in the job classifications which are placed in each such occupational group shall
be listed in the order of their total weeks of continuous employment with the
company.
17
SENIORITY
73. Seniority by Job Classification Within Major Departments
Length of employment in a particular job classification within a major depart
ment (accounting, commercial, plant and engineering, purchasing and stores,
and traffic) shall be known as “ seniority.,,
74. Job Classification Seniority and Ability in Promotions, Company Seniority
for Other Purposes
With the exception mentioned in section ------ , an employee’s seniority shall
start the day his name appears on the pay roll as a permanent employee. Job
classification seniority and ability shall be adhered to in the promotion and
demotion of employees. Company-wide seniority shall be adhered to in the
transfer, re-employment, and lay-off of employees. In case of demotion, the
last man demoted shall he the first man eligible to advance.
75. Department and Occupational Group Seniority
Seniority shall start from the time of hiring and shall be by departments and
occupational groups within a department.
76. Plant Seniority for Specified Plants; Departmental for Other Plants and
Craft Occupations in all Plants
Straight plant seniority will be continued in effect in plans ------ and -----division, except as herein otherwise provided.
Departmental seniority shall prevail in plants 2, 3 and [name of plant].
Departmental seniority shall also prevail in the tool, die, and pattern shops, of
the various plants covered by this contract, and also the general maintenance
at plant no. 5.
77. Six Months’ Service for Plant Seniority; 48-Day Trial Period for Depart
mental. Application of Types of Seniority Specified
There shall be two types of seniority as follows:
(a)
Departmental seniority: An employee’s departmental seniority after
completing the forty-eight (48) workdays’ probationary period shall begin as of
his date of employment. The departmental seniority of a transferred employee
shall begin as of the date of transfer to the new department except as herein
after provided.
The following groups shall be established for departmental seniority pur
poses : * * *
(&) Departmental seniority entitles an employee to consideration for promo
tion or change in job status in an employee’s department; and for retention on
the job in the event of lay-off in the employee’s department except when plant
wide seniority must be considered.
(c) Plant-wide seniority: Seniority rights throughout the ------ plant shall
accrue to an employee after 6 months of continuous service. Plant-wide seniority
entitles an employee to plant-wide consideration for retention in the plant in the
event of lay-off.
78. Combination Departmental and Plant Seniority.
for Men and Women
Separate Seniority List
Seniority will operate on a combination departmental and plant basis. Senior
ity departments and department seniority of each employee as heretofore agreed
upon with the representatives of the union will remain in effect unless a re
grouping of seniority departments is otherwise agreed upon between the plant
superintendent and the local union. There shall be separate plant and depart8307340— 49------ i
18
COLLECTIVE BARGAINING PROVISIONS
mental seniority lists for male and female employees. The department and
plant seniority of each employe in the seniority department shall be posted
in the seniority department. A list of all employees in the bargaining unit ac
cording to their plant seniority will be posted in not to exceed three conspicuous
places at the local plant, as agreed upon between the local plant superintendent
and the local union. The question of whether new departments created by the
company shall be included in existing seniority departments shall be determined
by agreement with the local union.
79. Occupational, Departmental, and Plant-Wide Seniority.
Each employee shall accumulate seniority rights in three categories as follow s:
(a) Occupational.
(b) Departmental.
(c) Plant-wide.
These categories shall be defined:
(a) Occupational seniority shall be an employee’s relative length of service
in an area of associated jobs or operations, as defined by consultation between
each branch works manager and the branch grievance committee of the union.
(6) Except as hereafter qualified, departmental seniority shall be an em
ployee’s relative length of service in any general department, as defined in
exhibit “B” attached hereto, and a separate list shall be compiled for each
such department, which list shall be available at the foreman’s office in each
department, and open to inspection by the department stewards on request,
and in the works manager’s office for inspection by the union committee.
(c) Plant-wide seniority shall be an employee’s total service in the plant
except as hereafter qualified.
80. Company-Wide Seniority Except for Mechanical and Maintenance Employees,
Who Have Occupational Seniority and Also May “Bump” Into Production
Departments
Seniority shall be on a company-wide basis, except for maintenance and
mechanical employees. Seniority among the maintenance and mechanical em
ployees shall be by occupation.
During periods of slack production when the youngest employee in point of
service in the maintenance and mechanical departments with experience on pro
duction work is about to be laid off, he shall be permitted to return to the pro
duction departments and exercise seniority over younger employees.
81. Occupational Seniority by Departmental With Up to 5 Years’ Service; A fter 5
Years’ Service, Occupational Seniority by Division
All seniority shall be defined by occupation. The word “ occupation” as used in
this agreement shall ordinarily be interpreted as referring to the work regularly
performed by an employee, but in the case of any employee having experience
in more than one (1) occupation its interpretation may be broadened to include
any work that the employee in question has demonstrated ability to perform
without increasing manufacturing cost.
Seniority rights in more than one occupation will be applied as follow s:
{a) Up to five (5) years— accumulated seniority for all occupations within
the same department will be allowed in any occupation in that department
where an employee has acquired seniority rights.
(b) Five (5) years or more—accumulated seniority.for all occupations within
the division will be allowed in any occupation in the division where any employee
has acquired seniority rights.
SENIORITY
19
(c)
When considering an employee for lay-off or reengagement under sub
sections (a) or (b ), seniority will be applied in the highest rated occupation
where work is available and where an employee has more accredited seniority
than another employee working in that occupation. If an employee should not
accept an offer of employment under the foregoing procedure, all seniority rights
shall be lost * * *
“Departmental seniority” is the total occupational seniority for all occupa
tions within the same department where an employee has acquired seniority
rights.
“Divisional seniority” is the total departmental seniority for an employee who
has acquired seniority rights in more than one department and who is credited
with five (5) years or more seniority within the division.
82. Occupational Seniority Up to 84 Months9 Service; Modified Company-Wide
Seniority Thereafter.
An employee employed for more than 2 months who has not been in any
occupation for a period of 2 months or more shall have seniority in his current
occupation for the full, period of his employment.
An employee employed in his current occupation for more than 2 months
shall have occupational seniority in his current occupation for the full period
of his employment.
An employee employed for more than 2 months who is transferred from
one occupation to another shall have current occupational seniority in the
occupation into which he is transferred during the first 2 months of his
employment in such occupation, and he shall also have full employment period
seniority in the last occupation in which he was employed for a period of more
than 2 months. After a transferred employee has been in his new occupation
for a period of more than 2 months, he shall have no seniority in the occupation
from which he was transferred, but he shall have full employment period seni
ority in the occupation into which he was transferred, except as provided in
paragraph ------ of the transfer article and ------ of this article of this labor
agreement. During the first 2 months of employment in an occupation to which
an employee has been transferred, such transferred employee can be displaced
by an employee having greater seniority in the occupation in which the trans
ferred employee has employment period seniority.
An employee employed for more than 84 months shall have company-wide
seniority as follows:
(1) He shall have full employment period seniority in his current occupation
and in such other occupation or occupations in which he has been previously
employed by the employer and, in lieu of lay-off in his current occupation, he may
displace a junior employee in any one of such other occupations provided:
a. his length of service in the classification of the occupation to which he
is to be transferred equals or exceeds the minimum time specified in the “ex
perience and training factor” as set forth in the job analysis of the job evaluated
ratings for the classification of the occupation to which he is to be transferred;
and
b. the classification of the occupation to which he is to be transferred is not
more than three labor grades below the labor grade of the classification of the
occupation in which he is currently employed; and
c. the transfer does not involve a displacement from any of the occupations
set forth in schedule A to any of the occupations set forth in schedule B, or viceversa.
20
COLLECTIVE BARGAINING PROVISIONS
d.
any employee of 84 or more months of service presently on the pay-roll who
is hereafter laid off or about to be laid off and is denied transfer rights only and
because he cannot qualify under the “ experience and training factor,” article
------ , section------ of this agreement will be granted such transfer rights to only
and the last previous occupation in which he enjoyed an occupational classifi
cation, provided, however, that all other conditions are satisfied.
(2) The time spent by an employee while in the military service in schools
and/or in a rating directly connected to the work in the company shall be
credited as time worked in an equivalent occupation in the company as well as
credited to the “ experience and training factor” as hereinbefore set forth.
83. Department Seniority for New Employees; Plant-Wide Seniority for Employ
ees With More Service
In the hiring or laying off of employees, filling of vacancies and making pro
motions, seniority will prevail on a plant-wide basis for employees having 1,825
days on the seniority list prior to November 1, 1947. It is agreed that the com
pany shall have a period of 2 weeks during which time it shall not have to ob
serve plant seniority in the case of those additional employees coming under this
provision because of advancing the date from 1946 to 1947.
Departmental seniority will apply to newer employees not coming under the
above-mentioned classification, but it is further understood that all employees
not members of the union, shall be laid off before any union members are laid
off.
84. Separate Lists for Male and Female Employees
Separate employment lists of all employees covered by this contract, in the
order of their plant service credit, shall be maintained for the following indi
cated groups of employees or for other groups as mutually agreed by the parties
from time to time.
Seniority list A—Male employees in all departments except those included
in lists “ B” , “ C” and “D” .
Seniority list B—Male employees in the departments which consist princi
pally of skilled tradesmen and helpers in various trade classifications.
Seniority list C—Male employees in the works laboratory.
Seniority list D—Male employees in the research laboratories.
Seniority list E—Female employees in all departments except research
laboratories.
Seniority List F—Female employees in the research laboratories.
Employees shall be given seniority rank on these lists in accordance with
their plant service credit as established for seniority purposes under the terms
of this article IV.
85. Separate Lists for Exclusively Male Jobs, Exclusively Female Jobs, and
Interchangeable Jobs
The seniority rights of male and female employees shall be determined as
follow s:
(a) Seniority rights shall be held by men only on jobs in the plant which
are performed exclusively by males. All lay-offs and rehires on such jobs
are to be made solely from the male seniority list. In this category of jobs
females cannot exercise a shift preference as provided for in paragraph (45)
to replace male employees.
(b) Seniority rights shall be held by both men and women on interchangeable
jobs in the plant that are worked regularly by both men and women. All
SENIORITY
21
lay-offs and rehires on such jobs are to he made from the combined male and
female seniority lists. In this category of jobs either male or female can exercise
a shift preference as provided in paragraph (45).
(c)
Seniority rights shall be held by women only on all fundamental female
jobs. All lay-offs and rehires on such jobs are to be made solely from the female
seniority list. In this category of jobs males cannot exercise a shift preference
as provided in paragraph (45) to replace female employees.
The term “ jobs” as used in this paragraph shall not be construed to neces
sarily mean the same as the term “classification” used in paragraph (45).
The word “jobs” as used herein refers to the job content and requirements of a
given job and it is recognized that there may be a number of different jobs
within a given classification.
86. Skilled and Unskilled Units
For purposes of seniority, all employees shall be classified as either skilled
or unskilled. The classification “ skilled” shall include all employees above
the grade of helper. The classification “heavy fire helper” shall be considered
as unskilled.
The seniority of a skilled employe shall be the employee’s length of continuous
service within the department (or recognized craft within the department)
except that for an employee who has been reduced from a supervisory classi
fication, seniority shall include the time previously spent in both the supervisory
and current classifications.
The seniority of an apprentice shall be the employee’s length of continuous
service within his classification, except that when he satisfactorily completes
the apprenticeship he shall be credited with seniority as a skilled mechanic
in his craft equal to the apprenticeship time served, including military service
if his apprenticeship was interrupted thereby.
The seniority of an unskilled employee shall be the employee’s length of con
tinuous service within the department, except that for an employee who has
been reduced from a skilled status, seniority shall include the time spent in both
the skilled and unskilled classifications in the department. An employee so
reduced shall not be required to perform the duties of a skilled mechanic
unless the company has previously agreed to adjust his pay rate for the duration
of such work to the level indicated by its nature according to established and
accepted standards.
In computing the seniority of a skilled employee, his seniority as an unskilled
employee shall not be included.
87. Seniority "by Units Based on Rate of Pay
The rules set forth in section------ of this article shall apply within seniority
units as follow s:
At each yard in each department which is at the date of this agreement
designated by a separate symbol or number, the employees in such department,
other than employees who are classified as laborers or apprentices, shall be
divided into three seniority units to be designated A, B, and C, respectively.
Except as hereinafter otherwise provided, unit A shall include all employees
having an hourly base rate of pay of $1.34 or more; unit B shall include all
employees having an hourly base rate of pay of $1.22 or more and less than
$1.34; and unit C shall include all employees having an hourly base rate of pay
of less than $1.22.
At each yard all employees classified as laborers shall constitute a single
yard-wide seniority unit.
22
COLLECTIVE BARGAINING PROVISIONS
In each department at each yard, employees classified as apprentices shall
constitute a separate seniority unit
88. Special Employees Who Work in Several Departments are on Seniority Lists
for Each Department in Which They Work
Length of continuous service or seniority of all employees shall continue
to be determined on a departmental basis; provided, however, that it is under
stood that there are a limited number o f employees who customarily work in
more than one department and that this is necessary to plant efficiency, and
it is accordingly agreed that such employees may be included in the seniority list
for each of the departments in which they customarily work.
89. Retention hut Not Accumulation of Seniority in More than One Department
Allowed
An employee may hold seniority in more than one department, but may accrue
seniority in only one department currently. If an employee is transferred to a
department in which he previously held seniority, accrual of additional seniority
shall start on the day he re-enters the department.
90. Seniority Plant-Wide in Event of Change in Methods or Products
Where changes in methods or products, or the health of employees would other
wise require the permanent laying-off of the employees, seniority shall become
plant-wide for the employees involved and they shall be transferred by agree
ment with the shop committee to other departments or to work they are capable
of doing and at the standard rate of such work. In such cases the seniority
standing of the employees will be transferred to the new department or' occupa
tional group.
91. Seniority Units Determined hy Local Plant Negotiations in Multiplant Com
pany Under Master Contract
Seniority shall be applied in the seniority unit which may be an entire plant,
or any subdivision thereof, as established or agreed upon. A job may be in
one seniority unit for one purpose, such as promotions, and may be in a different
seniority unit for another purpose, such as terminations from the pay roll.
The existing seniority unit or units to which the seniority factors shall be
applied and the rules for application of the seniority factors including service
dates within these units, covered by existing local agreements, shall remain in
effect unless or until modified by local written agreement signed by management
and the representatives of the union. In any plant in which such local agree
ment has not been consummated, the local grievance committee and local plant
management should complete an agreement covering the units of operation
within a given plant to which the seniority factors shall be applied, within 90
days of the date of this agreement.
92. Seniority Unit May he Changed hy Majority Vote of Department and Agree
ment with Company
Any department becoming dissatisfied with its seniority may request the local
union to circulate a petition within that department to determine whether the
majority of the employees involved desire an election to be held to change their
seniority practice. If a change is approved, it will become effective if and when
agreement is reached with the employer.
23
SENIORITY
Exceptions to Seniority Rules
Deviations from the seniority principle are sometimes specified for
certain jobs or groups o f employees. Probationary, temporary, sea
sonal, specially skilled, and supervisory employees and trainees may
be. entirely exempted from its application. On the other hand, dis
abled, infirm, handicapped, superannuated, and long-service workers,
and union officials may be accorded special seniority rights for a
limited period or under specified circumstances. Special seniority
rights are usually applied to lay-off and recall, but not to promotion.
Some agreements allow the employer the right to retain and re
employ without regard to seniority “ exceptional” or “ indispensable”
highly skilled or professionally trained workers, so as to assure effi
cient plant operations when the work force is reduced. Exempting
such workers from seniority represents a limited application o f the
merit principle since it disregards their regular seniority rating.
Sim ilarly, many contracts provide that union officers and shop rep
resentatives shall be kept at work during their term o f office irrespec
tive of their seniority standing, so long as they are able to perform
competently available work. A fte r completing their term o f office,
they resume their regular place on the seniority list in accordance
with their length of service. Such “ superseniority” or preferred
seniority clauses are designed to assure the job security o f union offi
cials and to provide employees with adequate representation at all
times.
Some agreements provide extra preference, but not top seniority
(superseniority), to union representatives, generally in the form of
an extra number of year’s seniority. Another form o f preference en
ables them to work on the day shift so that they can handle union busi
ness. A number o f agreements do not extend superseniority to all
union representatives and officials; some require a minimum amount
o f service for eligibility for superseniority.
Generally, such seniority preferences apply only to a particular
department or unit, although it may be applied on a plant-wide basis
for grievance committee members and top union officials.
The number (or percentage) of exempted employees is often stip
ulated.
In some cases, the number o f special employees for whom the
employer requests exemption from seniority may not exceed the num
ber o f union officials granted preferred seniority.
I f more than one
group of employees are granted special seniority rights, their relative
priorities may be stipulated: for example, as between stewards, com
mitteemen, top union officials.
In like manner, where both union
officials and exceptional employees have superseniority, the group with
top seniority may be specified.
24
COLLECTIVE BARGAINING PROVISIONS
Instead o f granting special seniority rights, some agreements allow
the employer to disregard seniority completely during temporary
emergency periods or under other special circumstances. The “ emer
gency” may be defined and limited so as to prevent abuse o f the
privilege.
TRAINEES, SPECIALISTS, AND EXCEPTIONAL EMPLOYEES
93. Listing and Definition of Classes of Employees Exempt from Seniority
The employment of the following persons shall not be governed by seniority
rules: indentured apprentices, exceptional employees as defined below, students
and graduates of technical or professional schools and special employees receiv
ing training as a part of a formal training course. Exceptional employees are
employees who have a skill needed in facilitating the start of a new model or at
times working forces are reduced. A separate list of such employees will be
posted in the employment department and be available to the committeemen.
Any employee whose name is removed from this list will be subject to the rules
regarding seniority. Any complaint by the union in regard to the listing of any
employee on the list shall be handled according to the grievance procedure.
94. Specially Trained or Technical Men Chosen Without Regard to Seniority
Classifications which in the opinion of the company require specially trained
or technical men may be filled by men of that character without regard to the
application of the seniority rules herein set out except that before employing
such men from outside the personnel of the company, company will give consid
eration to the employees of the company who have the required training, ability
and efficiency.
95. Certain Classes of Laboratory Employees Not Governed by Seniority
In the laboratory department, seniority shall not govern employees requiring
technical training nor laboratory employees working on specification tests or
research.
96. Exceptional Employees Not to Replace Employees in Specified Classifications
The company shall be entitled to hire or retain five employees, irrespective of
seniority, who possess exceptional value to the operation of the company by rea
son of special knowledge, training, or ability to perform a particular kind of
work, except that no such employee shall replace any employee in classifications
one, two, three, and four.
97. Use of Trainees Not To Result in Lay-Offs of Employees Covered by Agreement
The company shall have the right to select employees from time to time for
general training on plant operations, experimental or development work on the
basis of the employee’s qualifications and without reference to seniority. Such
employees shall be transferred to their new assignments or transferred from
department to department or division to division or plant to plant without loss
of seniority.
In the event of lay-offs, such employees will not perform wTork on jobs in the
bargaining unit which will cause the lay-off of employees covered by this
agreement.
SENIORITY
25
98. Use of Technical Employees Not To Affect Status of Employees With Longer
Service
To enable the company to keep its production abreast of scientific and technical
changes, the company may, from time to time, and without reference to the
rules of seniority, as set out in this article VII, hire, transfer, train, and assign
duties to technical men or others who, in the opinion of the company, may be
qualified to accomplish that purpose. Employees so hired, trained, or assigned
to carry out such purpose shall not affect the standing of any employees of
longer service on the seniority list.
99. Exceptional Employees May Be Retained at Time of Lay-Off; Limited to 10
Percent of Particular Seniority Group
When lay-offs are necessary because of lack of work, the company will apply
the principle of seniority within noninterchangeable occupational groups as
hereinafter provided except in those particular cases where the employee has
exceptional skill essential for the work required.
Notwithstanding the provisions of section (a) above, the company may establish
a list of employees in each noninterchangeable occupational group who shall
be exempt from such provisions provided that the total number o f such exempt
employees working in any noninterchangeable occupational group at any specified
time shall never exceed ten (10) percent of the total number o f employees who
comprise the group at such time.
100. Maximum Number of Specialists Fixed at Specified Number or Percent o f
Work Force, Whichever is Smaller
The union recognizes that during re-tooling, slack operations, or other non
routine conditions, it may be necessary for the company to retain out of senior
ity specially qualified employees for the sake o f future or specialized operations,
and the union agrees that the company may in such circumstances retain such
employees out of seniority provided the number so retained shall at no time
exceed the total of four (4) employees plus two (2) percent of the total number
o f employees then employed, or twenty (20) employees, whichever is the lesser.
101. Exempted Trainees Not To Exceed F ive; Not To Replace Employees With
Seniority
The company shall have the right to exempt from all seniority rules such
employees, not exceeding five, as may be temporarily enrolled on hourly paid
work for the purpose of training and experience, with a view to other assign
ments later, provided, however, that the same shall not replace any employee
having seniority rating.
102. Exempted Trainees Not To Exceed 1 Percent of Total Employment
It is agreed that from time to time the company may designate certain
employees as trainees for sales, administrative, office, and executive employees,
who are in no way to be affected by this seniority section. Such employees are
not to exceed more than one (1) percent of total employment.
103. Limit of 10 Employees per Department Training for Jobs Outside Bargain
ing Unit. Maximum of 3 Months? Time on Any One Job
It is agreed that the company shall have the right to hire or select and place
on jobs not more than ten (10) employees in any department without regard
830734°— 49------ 5
26
COLLECTIVE BARGAINING PROVISIONS
to seniority or line o f progression established as set forth in the preceding
paragraphs, for advancement because of potential ability, training, knowledge or
special qualifications for positions with the company outside o f the bargaining
unit. Any employee so hired or selected shall not remain on any one job longer
than three (3) months. It is agreed that the company shall keep a list o f
employees selected for this purpose and that immediately upon selection the
employee's name shall be placed on such a list and that the names o f such
persons so selected shall not remain on such program for longer than three (3 )
years.
104. Maximum, of 10 K ey Men Given Superseniority Equal to Union Officials
The company may retain a group of key men, covered by this agreement, not
to exceed ten (10) in number, who will have seniority rights equal to those
superseniority rights accorded to union officials.
N ote.—A maximum of 10 union officials head the seniority lists of their
respective departments during their term of office for the purposes of lay-off
and recall.
105. Number of Exempt Trainees Not To Exceed Number of Union Officials With
Preferred Seniority
The company shall have the additional right to exempt from all seniority rules
such employees as may be temporarily enrolled on hourly paid mill work for
the purposes of training and experience with a view to other assignment later;
provided that such exemptions shall not exceed in total number the exemptions
granted the union in respect to preferred seniority.
106. Designation of K ey Employees Subject to Grievance Procedure
The employer shall have the right to designate key employees, not in excess
o f ten (10) percent or less than one of the total employees in a department,
as exempt from the application of seniority in lay-offs, provided that any dis
agreement with respect to any person so designated shall be settled under the
adjustment procedure provided in section------ , a rticle ------ , of this agreement.
107. Joint Designation of Exempt Employees. I f No Agreement, Designation by
Company Subject to Union Protest Through Grievance Procedure
Whenever the operation of seniority would deprive the company of an excep
tional, valuable, or needed employee, whose production and ability is clearly
evidenced, the operation of seniority shall be waived with respect to lay-offs or
recalls involving the employee in question.
However, the company and the union shall meet jointly for the purpose o f
obtaining agreement on the employees in question. In the event agreement can
not be reached, the company may invoke this clause subject to the union’s
right to grieve through the procedure of this contract.
108. Exemption for Specialists Limited to 45 Days. Disputes on Exemptions or
Period of Exemption Submitted Directly to Arbitration
In the event that in certain special circumstances the employer claims that
the application of the seniority provisions of this agreement will seriously impair
production in the departments affected, unless certain employees possessing
special knowledge and skills not immediately replaceable by more senior employees
are retained, employees having such special knowledge and skills may be retained
out o f seniority after notification to and consultation with the union, and for a
SENIORITY
27
period of not longer than 45 days. An extension of time for not more than an
additional 45 days, where the special circumstances described above continue to
require it, may be provided after notification to and consultation with the union.
I f the union does not agree to the retention or the period of retention of such
employee or employees, then the matter shall be promptly submitted to arbitra
tion. Both parties agree to make every endeavor to commence arbitration within
7 days after the union questions the propriety of the retention, or the continued
retention of the employee or employees involved.
109. Joint Agreement on Exception to Seniority Rules for Exceptional Workers
Exceptional cases, where special training or special qualifications are con
cerned, shall be made an exception to the aforesaid seniority rules by agreement
between the union and the company.
UNION OFFICERS AND REPRESENTATIVES
110. Detailed Listing of Union Officials With Top Seniority for Lay-Off.
Stewards Have Top Seniority Within Occupation
Notwithstanding anything that may be contained herein, in the event o f a lay
off, the following officials of the union, during their term of office, shall be the
last persons to be laid off in the bargaining unit:
1. President
2. Vice President
3. Secretary
4. Treasurer
5. Sixteen executive board members
6. Five trustees
7. Chairman and secretary o f the complaint board
8. Members of shop committee
9. Managing editor of shop news
10. Chairman of activities department
11. Chairman o f organization department
12. Chairman of election board
13. Chairman and secretary o f industrial relations department
14. Chairman of safety and health committee
15. Chairman of welfare department
16. A steward shall have maximum seniority within his occupation (on the
basis of 1 steward for each 50 employees or major fraction thereof; it is distinctly
understood that wherever the union shall consider such ratio impractical or
undesirable, lesser ratios may be established by mutual agreement).1
111. Plant Committeemen Have Top Plant Seniority; Local Union Officers Have
Top Department Seniority Next to Plant Committee; Department Chief
Stewards Have Top Department Seniority. Chief Stewards Retain Top
Seniority for 1 Year A fter Demotion for Lack of Work
In order to preserve the continuity of this bargaining program, the company
agrees that the department chief stewards shall have the highest seniority rating
in their respective departments. The plant committeemen shall have the high
est seniority rating in their respective plants, and at the termination of their
offices as chief stewards or plant committeemen, they shall resume their normal
seniority ratings except in cases covered by section 6 ( b ) . Local union officers, not
to exceed eighteen (18) in number for local ------, fifteen (15) for lo c a l------and
28
COLLECTIVE BARGAINING PROVISIONS
nine (9) for local ------ , shall be granted seniority rights in their respective
departments next to the plant committee, the names to be furnished the personnel
department in writing.
Section 6 (b )—Departmental chief stewards, demoted because of lack of work,
will retain their seniority status as chief stewards, not to exceed one (1) year
from date of demotion. The total number of chief stewards will not exceed the
number specified according to article------, section------ .
112. Plant Superseniority for Union Officers; District Superseniority for Stew
ards. Ability To Do Available Work Prerequisite
Notwithstanding their position on the seniority list, chief stewards shall, in
the event of a lay-off, be continued at work as long as there is a job in their
district which they are able to do and any of their respective constituents still
are at work, and shall be recalled to work after the lay-off as soon as there is a
job in their district which they are able to do and any o f their respective con
stituents have been recalled to wrork.
Notwithstanding their position on the seniority list, the plant shop commit
tee and the president, vice president, financial secretary, recording secretary and
treasurer of the local union shall in the event of a lay-off and rehire be continued
at work at all times when one or more departments or fractions thereof are at
work, provided that they are able and do the work being done at the time.
113. Top Seniority in Classification for Union Officials in Lay-Off and Recall Only
Members of the union shop committee, shop committeemen and officers of the
local union shall have top seniority in their respective job classifications during
their respective terms of office for purposes of lay-off and recall only.
114. Union Officers Head Department Seniority L ist; Other Representatives Have
Length of Service Doubled. Two Years’ Service Requirement
It is further agreed that the management shall be given written notice of
the names and jurisdiction of the officers, committeemen, and stewards of the
union and that none of them shall be laid off by the company without consider
ation of their service rights at a joint conference. Committeemen and stewards
of the union while serving as such, and provided service with the company has
not been less than 2 years, shall have their length of service multiplied by two.
The officers of the union while serving as such and providing service with the
company has not been less than 2 years shall head the length of service list in
their department.
115. Superseniority for Union Officials; 5 Years’ Seniority Bonus to Stewards
All union officers, members of the bargaining committee and chief steward not
exceeding, however, a total of fifteen (15) will be given top seniority during the
term or terms of office. At the end of his term or terms of office, each said em
ployee will revert to his proper place on the seniority list.
All stewards, not exceeding 1 steward for each 50 employees with a maximum
of thirty-five (35) stewards, shall have 5 years’ seniority added to their regular
seniority during their terms of office. At the end of their terms of office they
shall revert to their proper place on the seniority list. In the event that a shift
or department is discontinued, the steward or stewards of such shift or depart
ment shall automatically revert to their proper place on the seniority list.
116. Four Years’ Seniority Bonus to Elected Union Officials and 10 Stewards
Not more than 10 stewards and all duly elected officials of the union, each
of whom shall be an employee of the company, shall, during their respective
SENIORITY
29
terms of office, have 4 years added to their seniority status, as to lay-offs and
recalls only, but not as to promotions. The names of said stewards and duly
elected officials shall be furnished to the company by the union within thirty
(30) days after the execution of this agreement.
117. Five Years' Service Requirement for Union Officers' Superseniority
In order to preserve the continuity of this bargaining program the company
agrees that employees with five (5) years’ seniority, and not to exceed ten (10)
in number, who are elected to the following positions with the union (1) shop
chairmen, (2) members of the negotiating committee, (3) president of the local
lodges, will head the seniority lists of their respective departments during their
term of office for the purposes of lay-off and recall.
118. Union Representatives Retained Despite Technological Displacement I f
Average in Qualifications. Protection Limited to Term of Office
Regardless of seniority, officers of the union and union committeemen in any
plant in reasonable numbers shall be retained despite displacement resulting
from technological change, provided such retained union representatives are of
average knowledge, skill, efficiency, and physical fitness.
It is further provided that union officers and committeemen will be retained
only during their period of office. I f not re-elected, they are subject to techno
logical displacement according to their seniority. I f a senior employee is carried
on the furlough list and is qualified for the job, he will replace such an officer if
not re-elected to office.
119. Change in Number of Union Representatives With Preferred Seniority
Subject to Mutual Consent I f Employment Changes Substantially
It is agreed that a number (not to exceed 100) of the officers, committeemen,
and representatives of the union shall be accorded a preferred seniority status,
subject to provisions hereinafter stated. In the event the working force in
creases or decreases substantially from its present level the number of officers,
committeemen and representatives of the union who shall have preferred sen
iority status may be increased or decreased by mutual consent of the parties.
120. Top Seniority for Union Officials Given Priority Over Special Seniority
for Skilled Groups
There shall be a list of employees who are exempt from the seniority provi
sions of this contract, but who shall not be exempt from the contract seniority
provisions granting top seniority to union officials. This so-called “D” or de
ferred list shall be composed of employees of exceptional or highly specialized
skills and shall be limited to a top seniority, such number to be selected from
the job classifications listed as skilled under the “job families” section of this
contract------ or any employee in labor grade 1, 2, or 3, plus an additional fifteen
(15) employees of th e------ division. The company shall notify the union when
ever an employee is added to or removed from the “D” list. Such notification
shall include the employee’s name, clock number, classification, and a brief
statement as to the reason the employee is added or removed from the lis t
Employees placed on the “D” list shall remain on this list for a period o f at
least six (6) months unless the specialized nature of their work changes to
such an extent that they are no longer using their exceptional or highly
specialized skill for which they were placed on the list.
30
COLLECTIVE BARGAINING PROVISIONS
121. Top Seniority for Union Officials Not Applicable to Bidding or Distribution
of Overtime
Officers of the local union, grievance committeemen and stewards shall have
top seniority in their respective departments during their term of office, but
this shall not apply in bidding for open jobs or in the distribution of overtime.
SUPERANNUATED, DISABLED, AND LONG-SERVICE EMPLOYEES
122. Aged or Disabled Workers Transferred Without Loss of Seniority
Superannuated or disabled employees may be transferred without loss of
seniority. The management will notify the shop committee o f those employees
considered superannuated or disabled.
123. Special Seniority Status to Disabled Employees or Veterans in Shifts or
Transfers But Not in Lay-Off or Rehire
The union and the company agree that employees who have become handi
capped by physical impairment while in the employ of the company or while on
leave from company employment for military service in a manner or degree which
restricts their opportunities for employment and any other such handicapped
veterans hereafter employed shall be given special consideration under the sen
iority provisions of this article IV in regard to shifts or transfers as jointly de
termined by the union and the company. Such employees shall, however, be
subject to lay-off and rehire in accordance with their seniority.
124. Joint Agreement on Seniority Exceptions Due to Physical Disability, Family
Responsibilities, Other Good Cause. Employee Disabled at Work Trans
ferred Without Regard to Seniority
Exceptions to the seniority lists, based on physical disability, family respon
sibilities, or other good cause, shall be agreed upon by the company and the union.
Any employee who has been incapacitated at his regular work by injury or com
pensable occupational disease while employed by the company, may be employed
at other work in the plant which he can do without regard to any seniority pro
visions o f this agreement.
125. Preference on Available Work to Employees With 25 Years* Service
Special consideration relative to seniority shall be given to employees with
more than twenty-five (25) years’ continuous service with the company, in ac
cordance with past company practice, insofar as practicable, consistent with
efficient operation. Such employees with more than twenty-five (25) years*
service who have become unable to handle their regular work will be given
preference to such available work as they are able to perform.
126. Disabled Employees Given 60-Day Rehabilitation Period Without Regard
to Seniority
Employees who have been disabled as a result o f injury arising out o f the
performance o f their duties in the course of their employment with the company,
may be reinstated for a period of sixty (60) days without regard to seniority for
rehabilitation purposes provided they are able to perform their duties. In cer
tain cases where an employee has suffered a permanent disability, such employee
tihall be carried on a permanent disability list.
31
SENIORITY
TEMPORARY EXCEPTIONS AND MODIFICATIONS BY MUTUAL AGREEMENT
127. Temporary Exceptions
(Mrcum8tances
to
Seniority
Rules
Allowed
During
Special
Temporary lay-offs not to exceed fourteen (14) days due to manufacturing
irregularities may be made without consideration of seniority rights. Should
an employee not be called within this period, the employee shall report for work
on the fifteenth (15th) day, excepting in the event the lay-off is the result o f ab
normal conditions beyond the control of the company. Should such abnormal
conditions result in extended lay-off for employees, the company agrees to ne
gotiate with the union for the purpose of transferring employees as per seniority
agreement.
Company seniority shall not apply during a lay-off between models. However,
should this lay-off be abnormally long, the company agrees to negotiate with the
union for the purpose of transferring employees as per seniority agreement.
At the beginning o f work on a new model, unemployed employees will be called
back to work into the plant from which they were laid off at the expiration of the
previous model except as otherwise determined through negotiations.
Notice of a lay-off will be given employees as far ahead as possible.
128. Exceptions to Seniority Rules Allowed for Limited Time During Emergencies
In the event of a loss of power, break-down of machinery, or failure o f
purchased material to reach the plant, the company shall have an accumulation
of 12 hours leeway during which time seniority will not have to be observed. It
is further understood that no employee with plant seniority shall be laid off be
cause of such emergency more than one such accumulated period in any 30-day
period.
129. Procedure for Handling Deviation From Seniority Before Permanent Place
ment of Employee
Any deviation in the strict application of either seniority will be made a subject
of conference between the company and the workmen’s committee prior to the
permanent placement of an employee in any position. If no agreement is reached,
this matter will assume the status of controversy and shall follow the procedure
as outlined under Article X —grievance procedure.
130. Modification of Seniority Rules "by Joint Agreement
The foregoing seniority provisions may be modified by mutual agreement by the
company and union representatives in individual cases or an emergency or other
unusual circumstances.
Seniority Status in Intraplant Transfers
W here seniority is applied on a strict departmental basis, a transfer
from one department to another ordinarily causes a transferred em
ployee to lose his seniority status in his former department and re
quires him to start as a junior employee in the new department.
effect is to discourage such transfers.
The
In practice, a variety o f clauses
have been drafted to cover this situation— whether the transfer is to
a job
in another department or to a job outside the bargaining unit.
32
COLLECTIVE BARGAINING PROVISIONS
A n additional problem to be met is the desire o f employees to “ erect
walls” around their department to protect themselves against bump
ing by longer-service workers transferring into their department.
TRANSFERS W ITHIN THE BARGAINING UNIT
Although employees may generally be transferred temporarily from
one seniority unit or department in the plant to another without affect
ing their seniority standing, their status on permanent transfer varies
considerably. One o f three m ajor patterns is generally follow ed:
(1 ) A transferred employee takes his seniority with him into the
new department either immediately, or after a certain period o f “ resi
dence,” but he forfeits his rights in his old department;
(2 ) H e retains or accumulates seniority indefinitely in his former
department while accruing seniority in the new unit from the date
o f transfer.
Retention of seniority in the old unit acts as a safeguard
in the event he is laid off in the new unit, where he would otherwise
have a low seniority standing. In case o f lay-offs, the transferred
employee can exercise seniority rights in his former unit to displace
employees there with less department seniority;
(3 ) H e loses his previous department seniority either immediately
or after a specified time and starts accumulating seniority in his new
unit as o f the date o f transfer.
A distinction is often made between transfers which are voluntary
and those made by management. A n employee transferred at the
company’s initiative usually carries along his accumulated seniority
to his new department. This gives the transferred employee m axi
mum protection against lay-off, since he is credited with the total
length o f service with the company.
A n employee transferred at his own request does not usually carry
along his accumulated seniority to the new department. H e may fo r
feit seniority in his old unit or retain it.
In the latter case, i f he does
not qualify for the new job or if lay-offs occur in the new department,
he may “bump” back to his old department on the basis o f his seniority
in that department.
Some agreements allow a transferred employee to accumulate senior
ity in his old department for a specified period, after which he has
the option o f returning to his old department or remaining on the new
job with accumulated seniority.
Such choice may be restricted to
company-initiated transfers only.
I nterdepartmental T ransfers
131. No Loss of Seniority in Temporary Transfers
N o t h in g in t h is a g r e e m e n t s h a ll p r o h ib it th e m a n a g e m e n t f r o m t e m p o r a r ily
m o v in g e m p lo y e e s fr o m o n e u n it t o a n o th e r o r f r o m o n e j o b t o a n o th e r b e c a u s e
o f a n y e m e r g e n c y t h a t m ig h t a r is e o r f o r t e m p o r a r y e x p e d ie n c y o r n e c e s s it y .
SENIORITY
33
No employee shall lose his seniority rights or acquire new seniority rights by such
temporary transfers.
132. No Loss of Seniority I f Transfer is Less Than 28 Days
Employees temporarily transferring from one department to another will not
forfeit seniority in the former, nor will they acquire seniority in the latter,
provided the period of transfer is not in excess of 28 days, unless an extension
o f time has been arranged by the superintendent and the union committee rep
resenting the employee involved.
133. No Loss of Seniority for Transfers Under 12 Months
Employees may at any time be transferred for a period not to exceed twelve
(12) months from one division to another without loss of seniority in the di
vision from which the employee is transferred. If, during such period, the
employee returns to the division from which he was transferred, he shall do so
without loss of seniority.
134. Seniority Lost A fter 90 Days* Residence in New Department
An employee who transfers to another department, forfeits his seniority in
the department from which he was transferred after ninety (90) days' service
in the other department.
135. Transfer up to 90 Days, No Loss of Seniority; Between 90-180 Days, Sen
iority Deduction Equal to Length of Transfer; A fter 180 Days, Seniority
Lost in Former Job
Flight engineers authorized by the company to leave the flight engineers sec
tion or department for another department within the company at their own
request may do so for ninety (90) days without affecting their flight engineer
seniority. Flight engineers so leaving for more than ninety (90) days but less
than one hundred and eighty (180) days, shall lose seniority equivalent to all the
time away from the department or section. Such period or periods shall com
mence on the day the flight engineer leaves the department and shall continue
until the flight engineer returns to the department within the time limits of this
paragraph. Prior to the expiration of the leave the flight engineer shall serve
written notice to the appropriate fight engineer department head of his intention
to return to the department. After such one hundred and eighty (180) days, the
flight engineer shall lose all flight engineer seniority.
136. Inter-Unit Transfers Within Same Department; Seniority in Former Unit
Transferred to New Unit
I f an employee shall, after the date of this agreement, be transferred (by
upgrading or otherwise) from one seniority unit to another seniority unit in the
same department, or from the seniority unit of laborers to another seniority
unit, he shall carry with him to his new seniority unit his accumulated length of
service in the seniority unit from which he shall be so transferred and he shall
cease to have any length of service in the seniority unit from which he shall be
so transferred.
137. Transfers to Maintenance Department: Seniority Accumulation in Former
Unit Starts from Date of Transfer in New Unit
Any employee who, prior to the date of this agreement, has been transferred,
or who shall thereafter be transferred, from any seniority unit in any yard to
the maintenance department at such yard shall continue to accumulate seniority
830734°— 49------6
34
COLLECTIVE BARGAINING PROVISIONS
in the seniority unit from which he was or shall be transferred and his seniority
in the maintenance department shall begin from the date of his transfer thereto.
138. Total Plant Seniority Transferred A fter Specified Period
When an employee is transferred from one department to another, such em
ployee shall retain his seniority rights in the department transferred from for
a period of 6 months, after which, his total factory service and seniority shall
apply in the department to which he has been transferred.
139. Fifty Percent of Accumulated Plant Seniority Carried Along on Transfer
Upon transfer to another department within the unit an employee carries 50
percent of accumulated plant seniority, and this with the time served thereafter
in the new department will constitute his adjusted seniority in the new
department.
140. Transfer of Seniority in Ratio of 1 Month for Each S Months9 Service in
Former Unit
An employee temporarily transferred for not more than three (3) months to
a new job classification shall remain on his original seniority list while such
temporary transfer continues.
An employee transferred to a new job classification other than temporarily
shall be added to the seniority list of the new classification on the basis of 1 month
of service for each 3 months o f service on the seniority list of the classification
from which he was transferred.
141. Seniority Forfeited in Old Department and Transferred to New Department
Only A fter Length of Service in New Department Equals Time Served
in Old
When an employee is transferred (except temporarily) to a different group,
he shall be considered a new employee in such new group and in the event of
curtailment of work or lay-off he shall be laid off from that group in accordance
with his length of service in that group and shall be returned to his old group,
provided work is available without displacing a man with greater seniority.
Upon return to an old group, time will be credited for the period the employee
worked in the new group. When an employee has been transferred to a new
group, and when the time worked in the new group equals that which the employee
already had credited to him in his last old group, then his entire time worked for
the company shall be counted toward his seniority rating in the new group and
he shall no longer have seniority in the old group. Employees being upgraded
shall have the right of reverting back to their previous jobs within the group
in the event of curtailment or lay-offs, providing there is work available without
displacing a man with greater seniority. Employees transferring from the
common labor group shall not have their time with such group apply or count
toward their seniority with the skilled or the semiskilled group to which they
are transferred. An employee’s time, while working in any of the groups other
than the labor group, shall accumulate and be added to his time in the event
he is transferred to the labor group.
142. Original Department Seniority Retained on Transfer; New Department
Seniority Accrues from Date of Transfer
Any employee transferring from one department or main classification to
another retains his full continuity of service, his full plant seniority and his full
department seniority in the department or main classification from which he
SENIORITY
35
came, but establishes his seniority in the new department or classification as
of the day he commences work in the new department or classification. Tem
porary transfers to another department or classification shall not give the
employee seniority in that department or classification.
143. Seniority in Former Unit Lost After 90 D ays; New Department Seniority
Dates from Date of Transfer
Employees will be transferred from one department to another according
to the following rules:
At his own or the company’s request for a period not to exceed ninety (90)
days without losing his seniority status in his own department. If, for any
reason, he decides to return to his original department within the ninety (90)
day period, he shall be permitted to do so without loss of department seniority.
If he remains in the department to which he is transferred, he shall forfeit his
seniority in his original department. He shall, however, establish temporary
seniority in the new department from his first Gay there, which shall become
his permanent departmental seniority in the event that he elects to remain in
the new department.
144. Seniority in Former Unit Lost A fter 6 Months Unless Transfer Caused by
Reinstatement of Veteran
An employee who is transferred from seniority group to seniority group shall,
for a period of 6 months, retain his seniority in his former seniority group and
within that period shall have the right to return to his former job. If within
the 6 months’ period the said employee does not exercise the right to return to
his former job, he shall have no seniority right in his former seniority group
and his seniority in the new seniority group shall date from the day of transfer
except that an employee transferred as the result of the reinstatement of a
veteran shall retain his then seniority in the new seniority group.
145. Seniority in Former Job Cumulative for 1 Year; Date of Transfer Determines
New Job Seniority Status
Seniority by job classification shall apply to lay-offs, recalls, and preference for
shifts. An employee transferred from one job classification to another accumu
lates seniority in the first job classification for 1 year, and accumulates seniority
in the second job classification from the date of the transfer.
146. Seniority Calculated from Transfer Date Unless Transfer Delayed for
Specified Reasons
The company and the union shall attempt to formulate a mutually acceptable
procedure for the filing and consideration of applications for transfer from one
department to another. If an employee is transferred from one department
to another, his departmental seniority shall begin on the day he enters the new
department unless he was withheld from the department for any of the following
reasons:
(1)
(2)
(3)
(4)
Vacation
Sickness or accident not to exceed 30 days
Delay in filling vacancy
Impracticability of release from existing position.
In such cases departmental seniority shall date from the day the employee
should have entered the department. If after selection, the employee is retained
36
COLLECTIVE BARGAINING PROVISIONS
in his former department at the management's request, the employee shall receive
the applicable rate in the new department if it is higher than his existing rate.
Employees temporarily assigned to positions until a permanent employee is
selected and assumes the job, shall not accrue seniority in that position.
147. Interdepartmental Transfer Does Not Affect Plant Seniority
It is understood that the transfer of any employee from one department to
another department shall not affect such employee’s general or plant seniority as
an employee of the employer.
148. Date of Original Hiring Determines Seniority in Lay-Offs; Date of Transfer
in Promotions
When an employee is transferred to another department, his date o f hiring
shall determine his seniority in case of lay-offs in that department; and his
date of transfer to the department shall apply in case of promotion.
149. Employee Transferred Because of Disability Carries Former Seniority for
Lay-Off and Rehire But Not for Promotion
An employee transferred from one department or main classification to another
because of physical disability retains in the new department or classification his
total seniority with regard to lay-off and rehiring, but has no seniority in the new
department or classification for promotion.
150. Employee Option Within 3 Months of Transfer to Accept Permanent Transfer
or Returns to Former Job
An employee temporarily transferred to another subdivision with an agreed
line of succession or to another department (except an employee who has been
transferred at his own request) and who shall have served therein continuously
for 3 months, shall at the end of such 3 months upon notification by the company
either accept a permanent transfer to such other subdivision or department with
seniority rights dating from the date he entered such other subdivision or depart
ment, or return to his old job in the original subdivision or department with
full seniority rights including the time spent in the subdivision or department
to which he was transferred.
151. Transfer to Maintenance Department—Employee Option Within 30 Days to
Designate Department in Which Total Service Shall Be Credited. In
Absence of Notice, Seniority Credited to Maintenance Department
Any employee in the maintenance department at any yard on the date of this
agreement who, prior to the date of this agreement, has been transferred from a
seniority unit in any yard to a seniority unit in the maintenance department at
such yard shall have the right, within 30 days after the date of this agreement,
to elect in which of such units he shall be credited with his total length of service
at the yard. If he shall not, within such 30-day period, notify the management
of his election in that regard, he shall be deemed to have elected to have such
length of service credited to him in the seniority unit to which he is assigned in
the maintenance department.
152. Seniority Status on Upgrading to Skilled Occupation
When any employees are upgraded from any semiskilled or labor occupation
to tool room, machine repair, gear-cutting-machine repair, electrician, carpenter,
tool grinder, tool forge, millwright, pipefitter, welder, blacksmith or heat treat
fixture maintenance, the company agrees to advance them to the minimum rate
SENIORITY
37
o f the classification and to apply their seniority in the manner set forth in the
following paragraphs of this section.
An employee upgraded to the skilled occupations mentioned above shall acquire
seniority after working in the new occupation for a period of three (3) months,
and his seniority shall start from the date he was originally transferred into the
skilled occupation.
All employees upgraded or transferred under the above provisions shall retain
all seniority they held in their original occupation prior to their being upgraded
or transferred. In the event it becomes necessary to transfer any such employees
out of the skilled occupation because of reduction in production or for any other
reasons, they shall be returned to their original occupations with accumulated
seniority.
Employees upgraded to any skilled classification shall be paid the minimum rate
for the classification at the time of transfer to the new occupation.
153. Seniority on Transfer to Lower or Different Class of Work
An employee promoted from one class of work to another in the same office
(in the same division instead of office in plant department and purchasing and
stores department) does not lose the class seniority he has acquired in the
previous class of w ork ; however, he may not exercise that seniority in the class
o f work to which he is promoted, but will be placed at the foot of the seniority
list in the new class of work. I f an employee returns to a class of work in which
he previously had seniority, he shall assume in it the seniority he had accrued
in such class of work, plus that accumulated in the higher or equal class of
work. When an employee moves, other than by force reduction, to an equal or
lower class of work in which he did not previously have seniority, he shall
:assume in his new class of work only the seniority he accumulated in any higher
class of work. Seniority heretofore acquired by the operation of sidewise or
equal accrual, in localities where such practice prevailed, shall be recognized
for the purpose of this section. In localities where testing and regulating forces
are composed of two groups, that is, (1) testboard-repeater; (2) automatics,
and seniority was so computed, such prevailing practice shall be continued.
Company V ersus E mployee-I nitiated T ransfers
154. Seniority Retained on Company-Initiated Transfer; Lost on Voluntary
Transfers
Any employee who voluntarily transfers from one unit to another unit shall
have his seniority in the unit to which he transferred from the time he accepts the
new position. I f a transfer is made at the request of the management the em
ployee will retain his rights in the unit he left.
155. Seniority Accumulates on Company-Initiated Transfer Unless Employee
Elects Within 10 Days to Forfeit Former Unit Seniority. Seniority Lost on
Voluntary Transfers; Calculated from Date of Transfer to New Unit
* * * the following provisions shall apply in respect of transfers of employees
within any yard :
(a) I f an employee shall be transferred otherwise than at his own request from
a seniority unit in one department to a seniority unit in another department, he
shall continue to accumulate length of service in the seniority unit from which he
shall be so transferred, unless, within 10 days after he shall be notified of such
transfer, he shall notify the management in writing o f his election to carry with
:him to his new seniority unit his accumulated length of service in the seniority
38
COLLECTIVE BARGAINING PROVISIONS
unit from which he shall be so transferred, in which case such accumulated length
of service shall be so carried over and he shall cease to have any length of service
in the seniority unit from which he shall be so transferred;
(&) I f an employee shall, at his own request, be transferred from a seniority
unit in one department to a seniority unit in another department, he shall cease
to have any length of service in the seniority unit from which he shall be so
transferred and his length of service in the seniority unit to which he shall be so
transferred shall be computed from the date of such transfer.
156. Seniority Retained on Company-Initiated Transfers and Accumulates for
8 Months; Lost on Voluntary Transfers
An employee transferred by the company from one occupation to another occu
pation shall retain his normal or peak-force status, as the case may be, and his
or her seniority in the previous occupation, and such seniority shall continue
to accumulate in such occupation for a period of three (3) months. A further
extension of the 3-month period may be made with the written consent of the
employee and notice to the union, provided no peak or normal-force employee
in that occupation is laid off or is working less than full time.
An employee who requests transfer from one occupation to another occupation
shall, upon such transfer, lose his or her seniority in the previous occupation,
and his or her seniority shall be computed from the effective date of the transfer
to the new occupation, and such employee shall be placed on the peak force of
his or her occupation.
157. Seniority Frozen in Old Department on Transfer for Any Reason; Seniority
Cumulative in Old Department on Transfer at Company Request
Effective on the date of this agreement, an employee who transfers to another
department within the ------ plant for any reason shall be credited with any
previous seniority service he may have established in that department and accumu
late additional seniority service to the extent that he subsequently works in
such department. Except as provided in subparagraph (1) below, seniority in
the department (s) from which the transfer was made shall be suspended until
such time as the employee returns to his former department (s).
(1) I f an employee transfers to another department upon the specific request
of the company, he shall, during the period of such transfer, continue to accumu
late seniority in his former department, provided, however, should he elect to
remain in the department to which he was transferred, he shall be credited with
seniority in his former department only to the date the transfer was made.
158. Transfer at Company Request—Former Department Seniority Accrues for
1 Year; Seniority in New Department From Date of Transfer. Voluntary
Transfer—Forfeit Former Department Seniority; Credited With 120 Days*
Seniority in New Department
When employees are transferred from one department to another at the request
o f the company, their seniority in the original department will continue to accumu
late up to a maximum of 1 year. On or before the anniversary date of transfer,
the employee will be given the choice in writing, with copy to grievance chair
man, o f staying in the new department or returning to his original department
and must in writing, with copy to grievance chairman, signify his desire. If he
returns to his original department, his total seniority in that department will be
considered as unbroken. If he elects to stay in the new department, his seniority
therein will begin as of the day he started work in the new department. Seniority,
SENIORITY
39
insofar as concerns vacation determination, will be considered as from the
original date of continuous service.
Employees transferred to another department at their own request forfeit
all seniority rights in their original department and shall have seniority of
120 days credited in the new department as o f their first day in the new depart
ment. This 4 months’ seniority credit will not apply in the case of employees
with less than 4 months’ company service.
159. Six-Months9 Option to Return to Old Department When Transferred l>y Com
pany; Seniority Forfeited When Transfer Made at Employee’s Request
Employees transferred at the company’s request to another job shall have a
six (6) months’ period in which to decide whether they will remain in the new
department or go back to the old department with their previous seniority in the
old department still standing. At the end of twenty-five (25) weeks such em
ployees shall be notified as to the date of the completion of the six (6) months’
period. Employees transferred to a job in another department at their own
request, shall, forfeit all seniority in their original department.
160. Employee-Initiated Transfer—Seniority for Lay-Off and Shift Transfer Re
lated to Average Departmental Seniority of New Department. Total
Seniority Restored A fter 4 Years’ Service in New Department
When an employee, at his request, is transferred to another department, he
shall retain his total seniority for all purposes except lay-off or eligibility for
transfer to a day shift. In case of lay-off or eligibility for transfer to day shift,
his seniority shall be the average departmental seniority of the new department
established for the calendar year in which he was transferred, or his own sen
iority, if it is less than such average, plus his accumulated service in the new
department. He will regain his total seniority after four (4) years’ service in
the new department.
Such a transferred employee may return to his original department within sixty
(60) days without loss of seniority. I f a reduction in force becomes necessary in
the new department before the transferred employee has become qualified to
perform the new job, but in no case longer than two (2) years, he will be eligible
to return to his old department.
161. Calculation of New Department Seniority Same for Company- and EmployeeInitiated Interdepartmental Transfers. Seniority Accrues in Old Depart
ment During Company Transfers
An employee who is transferred at the request o f the company because of skill
shall be credited with departmental seniority in the department to which the
transfer is made only to the extent of his length of service in the new department.
Such employee shall, however, continue to accumulate service for seniority pur
poses in his resident department
An employee who is transferred at his own request shall be credited with
departmental seniority in the department to which the transfer is made only to
the extent of his length o f service in the new department.
162. No Distinction Between Voluntary and Requested Transfers—Seniority
Cumulative in Department from which Transferred
Every employee transferred from one department to another, whether, on the
Initiative o f the corporation or at, the request of the employee, shall retain
seniority rights, in accordance with paragraph 8 above, in the department from
40
COLLECTIVE BARGAINING PROVISIONS
which such employee was transferred when returned to such department, with
the same effect as though he had not been transferred therefrom.
Note.— Paragraph 8 states, in part, that “ departmental seniority rights shall
be effective after 3 months’ service in any department and shall govern all cases
of recall to work and decrease of the working force of such department.”
163. No Distinction Between Voluntary and Requested Transfers—Seniority in
Old Department Lost After 2 Years' Service in New Department. No
Carry-Over of Seniority
The right to transfer is a management function, but whether the transfer is
requested by the employee or proposed by the management the employee will
move into the new department as the youngest man in that department in point
o f seniority. * In case of lay-off in the new department any time within 2 years
o f transfer, the employee may transfer back to his former department with the
same seniority with which he left it provided that returning employee does not
displace a qualified employee with greater seniority. After 2 years of service
in the new department, the transferred employee shall be regarded as having
job service rights only in the new department which is to date from the time
o f transfer to that department.
T ransfer , M erger ,
or
D iscontinuance
of
Job
or
D epartment
164. New Department Discontinued—Employee Transferred Returns to Original
Department with Full Seniority
An employee transferred to a new department created by the company, shall
upon the closing of the department, have the right to return to the department
from which transferred and shall retain the seniority which such employee would
have had, had he remained in the original department.
165. Job Transferred to Another Department—Employee Transferred Carries
Along Seniority
When an employee and his work are both transferred to another department
and the employee continued on the work, both his adjusted and department
seniority in the department from which he is transferred shall be transferred
to the new department.
166. Machinery Transferred— Seniority in New Department Applies to Particular
Machine Only
In the relocation of machinery, the original crew, if it so desires, may follow
the machines in such numbers as may be required in the new location and their
seniority in the new department applies to the work on that machine only.
167. Seniority Lists Merged in Department Mergers
In case of a merger of two departments, the seniority will also be merged as
o f their original seniority date.
168. Departments or Classification Merged, Divided, or Established—Joint Agree
ment on Seniority of Employees Affected
When two or more departments or classifications within a department are
consolidated or divided, or when new classifications are established within a
department, or when new departments are established, management and the
41
SENIORITY
committee of local ------ shall agree upon seniority applicable to the employees
affected.
169. Department Discontinued—Joint Arrangement for Transfer of Employees
Involved
In the event a department is dissolved, the company’s labor relations com
mittee and the union bargaining committee shall meet and arrange for the
permanent transfer of all employees involved.
170. Employees Displaced "by Technological Changes Transferred to Other Jobs
and Retain Accumulated Plant Seniority
If an employee, or a group of employees, is displaced because of technological
advances, or other major changes in operations, such employee or employees
shall be placed in other jobs when there are suitable openings and shall retain
their accumulated plant seniority.
TRANSFERS TO AND FROM BARGAINING UNIT
Special transfer clauses also cover employees who are transferred
or promoted to jobs (such as supervisory) outside the bargaining unit
and who are later returned to production work.
W here skill and
ability are given considerable weight in determining seniority, demoted
supervisors can usually be retained in the event o f lay-off, because
such employees are for the most part better qualified. B u t where lay
offs are made on the basis o f strict seniority, it becomes necessary to
spell out the seniority rights o f demoted supervisors.
Such employees may retain or accumulate seniority within the bar
gaining unit during employment on the new job which they may apply
to their old jobs in the event o f demotion, or they may lose previously
accumulated seniority. Some unions consider it undesirable to permit
a promoted employee to accumulate seniority during the period when
he occupies a supervisory position so that on his return to the bargain
ing unit, he can “bump” a worker represented by the union. In some
instances, therefore, the foreman is allowed to accumulate seniority in
his old job for a limited period only. In contrast, some agreements
allow a demoted foreman superseniority rights.
Where there is a combined system of plant, occupational, or depart
mental seniority, certain restrictions may be imposed upon the demoted
supervisor in exercising his seniority in any other than his old depart
ment or occupation. In some cases, employees promoted to supervision
accumulate plant but not department seniority.
Sometimes, employees promoted or transferred out o f the bargain
ing unit must retain their union membership in order to protect their
seniority rights.
Although employees hired directly as foremen have seniority in
supervisory positions, they usually have no seniority if demoted to
production work within the bargaining unit.
42
COLLECTIVE BARGAINING PROVISIONS
171. Seniority Cumulative Up to 1 Year A fter Transfer Outside Bargaining Unit;
Seniority Cumulative on Transfer to Supervision
Employees transferred to another bargaining unit will retain and continue to
accumulate seniority in the original bargaining unit up to year after their transfer.
If the employee returns to his original bargaining unit within said year, his
seniority record will be considered unbroken. If he remains in the other bargain
ing unit beyond 1 year, his seniority for the purpose of determining vacation
rights will be considered as beginning as of the commencement of unbroken
service with the company. The employee will be given the opportunity to return
to his original occupation within 1 year of transfer. He must signify his choice
in writing with copy to grievance chairman.
I f an employee is transferred to a supervisory position, the employee will con
tinue to accumulate seniority for all time spent in such a position.
172. Seniority Accumulates During Transfer Outside Bargaining Unit
I f an employee has been or shall be transferred out of the bargaining unit, he
shall continue to accumulate length of service in the seniority unit from which
he has been or shall be so transferred.
173. Maximum 6 Months1 Seniority Accrual for Employees Promoted to Super*
visors After Specified D ate; No Limit on Accrual for Employees Promoted
Previously
Employees promoted to supervisors on or after April 1, 1046 shall carry with
them their accumulated seniority as of the date of their promotion and shall be
permitted to accrue additional seniority for an additional six (6) months after
which no additional seniority shall accrue, and their total seniority shall be the
total of that held on the date of the promotion plus the additional accrued in the
six (6) months’ period immediately following. This clause does not apply to
supervisors promoted prior to April 1, 1946, all of whom shall continue to accu
mulate seniority so long as they hold their supervisory jobs in the shops or
departments in which they were promoted.
174. Seniority Accumulates During Promotion to Supervisor I f Union Member
ship Retained
Employees promoted to supervisory positions shall continue to accumulate
seniority and retain the right to go back into the seniority line-up, provided they
retain their union cards. It is understood, however, that the retention of the
union card is solely for the purpose of maintaining seniority, and that such fore
men or supervisory employees are solely responsible to management.
175. Seniority Cumulative for Present Supervisors; Frozen for Those Promoted
A fter Specified Date Unless Continue Paying Union Dues
Should any employee now a foreman, assistant foreman, supervisor or clerk
in any particular department be demoted from his respective position for any
cause or causes whatsoever, then such demoted person shall be returned to the
position or substantially equivalent position that he held prior to his advancement
and will have the advantage of his seniority unbroken in the same manner as if
he had continued uninterruptedly in that position.
Should any employee be promoted after [date] to a position of foreman, assist
ant foreman, supervisor or clerk, then the seniority of such employee shall be
frozen as of the time of promotion. In cases of demotion, the employee shall
SENIORITY
43
assume his seniority standing as o f the time of promotion. Pull seniority shall
accrue to any said employee who elects to maintain and continue to pay dues
while acting in said capacities. It is further understood employees in this category
shall be given inactive union status. The union status of demoted foreman,
assistant foreman, supervisor or clerk, shall be the same as his union status
at the time of promotion.
176. Seniority Frozen on Transfers A fter Specified D ate; Accumulates Up to
Specified Date for Transfers Prior to This Date
Any employee hereafter transferred or promoted to a position outside the
bargaining unit shall retain his seniority within the bargaining unit as of the date
of such transfer, but shall not add to his seniority during the period o f time spent
outside the bargaining unit. Any employee heretofore transferred or promoted
into a position outside the bargaining unit shall have seniority in the bargaining
unit and the period of time prior to March 15, 1947, spent in a position outside
the bargaining unit, but from on and after March 15, 1947, such employee shall
not add to his seniority during the period of time spent outside the bargaining
unit.
177. Union Member Promoted to Supervision Accumulates Seniority; Nonmember
Loses Seniority in Bargaining Unit
Any employee who has been placed in a supervisory position which excludes
him from the bargaining unit, and who has previously been a member o f the
union, will (if his job is affected in any manner where his duties are not required
on the supervisory job) drop back into the bargaining unit in his rightful position
according to his seniority.
Any employee who has not been a member of the union and is placed on a su
pervisory job and his job is affected, will have no claim on any seniority in the
bargaining unit.
I f at any time the Taft-Hartley bill is changed or repealed which would permit
the foremen to fall under jurisdiction of the union, the foremen will be given an
opportunity to revert back to the bargaining unit
178. Seniority Cumulative During Transfer to Nonsupervisory Job Outside Bargaining Unit; Frozen During Transfer to Supervision
When an employee has established seniority and is subsequently transferred
or promoted to a nonsupervisory position outside o f the bargaining unit, he shall
retain and accumulate his seniority so that if he is subsequently demoted or
transferred to a position in the bargaining unit he shall have seniority from
the date of hire based on the employee’s continuous length of company service.
When an employee is promoted to a first line supervisory position, he shall
retain his accumulated seniority in the occupational group from which he was
transferred, so that if he is subsequently transferred to a position in the bargain
ing unit he shall assume that seniority status.
179. Plant and Departmental Seniority Retained for Different Periods of Time
on Transfer Outside Bargaining Unit
Employees leaving the bargaining unit to accept a job with the company outside
of the unit shall retain plant seniority rights for a period of one (1) year, de
partment seniority rights for a period of six (6) months provided they remain
in the department, and department seniority rights for ninety (90) days if they
leave both the unit and the department.
44
COLLECTIVE BARGAINING PROVISIONS
180. Company but Not Departmental Seniority Accumulated. Plant Police Force
Excluded
Employees shall accumulate company seniority while occupying supervisory
positions, or other positions not covered by this agreement, except plant police,
but not departmental seniority. This shall apply retroactively to present super
vision or other employees, except plant police not covered by this agreement.
Upon demotion to a job covered by this agreement, whether in periods of reduced
employment or otherwise, the employee, except for plant policemen, shall be
returned to the classification from which he was promoted or transferred with
departmental seniority equal to that which he had when promoted or transferred,
and with full accumulated company seniority. Plant police employees shall not
be transferred to jobs covered by this agreement, nor shall employees covered
by this agreement be transferred to the plant police force. Employees temporarily
filling supervisory positions or other jobs not covered by this agreement because
of illness, vacations, seasonal or temporary expansion programs for a period not
to exceed eight (8) weeks unless otherwise extended by mutual agreement of the
union and the management shall do so without loss of their departmental seniority.
181. Supervisory Employee Returns to Former Job “ Without Loss of Seniority”
I f an employee is promoted to a supervisory job and later not needed in that
position, he shall be reinstated in his former job without loss of seniority.
182. Seniority Retained for Set Period on Transfer Outside TJnit
An employee who is transferred to a job outside the bargaining unit for a
continuous period of 2 years or less will not accumulate seniority while thus
engaged, but shall retain his seniority which he had already accrued at the
time of such transfer, provided he is returned within such 2-year period to the
job from which he was so transferred.
383. Seniority Frozen on Transfer to Supervision or to Job Outside Bar gammy
Unit
Any employee, who, subsequent to the date of this agreement, is transferred
out of the bargaining unit to a supervisory position or to an occupation not
covered by this agreement and is subsequently transferred back to an occupation
which is covered by this agreement, shall be credited with the seniority which
said employee had at the time of his transfer out of the bargaining unit.
184. Distinction Between Promotion to Hourly Rate Supervisors and Salaried
Supervisors
Hourly rate supervisors shall further accumulate seniority while holding
supervisory positions, provided they pay union dues. Salaried supervisors
shall further accumulate seniority for 1 year from date of promotion while
holding supervisory position and shall not be required to pay union dues as a
condition, but may pay dues if they so choose.
Seniority rights of hourly paid supervisors accrued prior to a date 10 days
after this award (March 18, 1946) shall be retained for the future. The pur
pose is to prevent break of seniority through lack of knowledge of this new
condition. As to salaried supervisors, no action on their part being needed, the
new provision can be effective from the date of the award (March 8, 1946).
Their seniority rights accrued to that date under former practice will be
retained. The new provisions are not intended to take away any seniority
rights accrued to date.
45
SENIORITY
185. No Accumulation of Seniority for Employees Initially Hired Outside Bar
gaining Unit
If a seniority employee is transferred to any excluded classification he shall
continue to accumulate seniority while working in the excluded classification
and if thereafter reclassified, he shall return to work in his former classifica
tion (excluding the classification listed in section------ ), with full accumulated
seniority. Persons in excluded classifications who have not previously worked
in the plant shall carry no seniority if and when they are transferred to a classi
fication covered by this agreement. Seniority employees transferred to ex
cluded classifications shall have the opportunity to return to an occupation
covered by this agreement on the basis of their seniority if their services are
no longer required in the excluded classification. It is understood that super
visors will not be demoted to jobs covered* by this agreement during periods
of temporary lay-offs, i. e., lay-offs of less than four (4) weeks.
Seniority Status
of
F oremen
on
R eturn
to
Bargaining U nit
186. Foremen E tempt from Seniority for 1 Year A fter Demotion for Lack of
Work. Seniority Cumulative
Foremen demoted because of lack of work will be retained or recalled without
regard to seniority for the number of months they have been a foreman and
not to exceed one (1) year from date of demotion, and will be given their
accumulated seniority.
187. Foremen With 3 Years’ Service Have Top Seniority in Division on Demo
tion to Production Work. Lesser Service Foremen Credited With Com
pany Seniority. Seniority Preference Holds for 15 Months After
Transfer
Employees who are not covered by this agreement who are classified as super
visory employees or management employees and who are transferred to jobs cov
ered by this agreement because of temporary lack of need for their services
in their regular jobs, shall have seniority over all employees irf their respective
divisions, provided such employees have a length of service with the company
of three (8) years or more. Such employees with length of service of less than
three (3) years with the company shall have seniority in the group to which
they are transferred based upon their company length of service. Such sen
iority preference shall exist for fifteen (15) months after transfer of the
employee to production. At such time the seniority of the employee will be deter
mined in the group in which he is working in accordance with the normal
seniority rules based upon the employee’s company length of service. The num
ber of such management employees having seniority preference shall not exceed
in number, the number of supervisory employees employed by the company on
July 1, 1942.
188. Foremen Considered New Employee for 6 Months A fter Return to Bargain
ing Unit and Then Credited With Previous Seniority in Unit
Any employee in the bargaining unit promoted to a supervisory classification
shall retain full seniority rights for a period of thirty (30) days. I f an enrployee promoted to the supervisory classification returns to production or
maintenance classification, his seniority rating shall commence as of the date of
his assignment to such classification for a period of six (6) months after
46
COLLECTIVE BARGAINING PROVISIONS
which period he shall receive credit for all seniority earned during his or her
service as an employee performing maintenance or production jobs. No credit
for seniority shall be allowed for any period of time spent in classifications
exempt from the bargaining unit.
189. Demoted Foreman Placed in Available Job With Accumulated Plant
Seniority. No Bumping Allowed. Must Rejoin Union if Former Union
Member
Any foreman or other supervisory employee who shall cease to be such due
to a reduction in working forces shall thereupon have the privilege of returning
to the status of employee within the unit provided for in this agreement, with
full plant seniority from date of hiring by the company. Upon any such transfer,
notwithstanding any other provisions of this agreement, any such foreman or
supervisory employee shall not “ bump-off” any employee in the unit represented
by the union, but shall be placed in any available position (either in filling a
vacancy or an additional job created for the purpose) to which the company feels
he is suited. In the event the job is created for the purpose, it may be so filled
without the necessity of bidding. If the job shall result from a vacancy, how
ever, it shall be bid first on a departmental basis, and the foreman or supervisor
shall be eligible for the job on the basis of plant seniority if it has not been filled
from within the department. Any such foreman or supervisor who was a mem
ber of the union and subject to the cheek-cff at the time he became a foreman or
supervisor must, upon reinstatement to the unit, as above provided, rejoin the
union. The company shall notify the union of any action which it may take
under this section.
190. Demoted Foreman Restored to Former Job Provided No Employee Displaced
or Wage Cut. Accumulated Seniority Not Applicable Within First 9
Months
In the case of foremen or supervisors or other salaried personnel who came up
through jobs now included in the bargaining unit, they may be restored to their
former occupational group in the bargaining unit on any job therein which the
company deems them competent to perform, and their seniority shall be measured
thereafter by their length of service with the company. Such seniority, how
ever, may not be asserted during the first nine (9) months of employment in the
new occupational group.
It is understood that when a foreman is thus restored to a job, no employee
currently classified to that job w7ill suffer displacement or rate reduction by
reason of assignment of the foreman to such job classification. In all cases
where foremen are restored to jobs in the bargaining unit, they will, where
applicable, be requested to restore themselves to the same status of union
membership they had at the time they were promoted and left the bargaining
unit.
191. Seniority Status on Return to Bargaining Unit and Union Membership Varies
With Time of Return
Any employee who has been promoted to a supervisory position, or temporarily
assigned to such a position, or to some other position which is outside this bar
gaining unit at this plant or at any of the three plants of [employer] in [city]
shall be governed by the following rules with respect to any subsequent return
to his bargaining unit:
47
SENIORITY
Time of return
Reason for return
Job to which
employee returns
Employee’s depart
mental seniority
upon return
1. After not more than 26 full weeks
(consecutive or intermittent) in
such a position or positions with
in any one contract year.
2. After more than 26 full weeks (con
secutive or intermittent) in such
a position or positions within any
one contract year.
3. After more than 12 consecutive
months in such a position or
positions.
Employee’s request
or company’s de
sire.
Job from which as
sig n ed or p r o
moted.
Full departmental
seniority.
Agreement between
company and em
ployee.
(7p.np.ral h p lp
dn
Do.
....... do..................... . Seniority from the
date of return.
An employee shall remain a member of the union so long as he is in the status
covered by item 1 above and therefore retains the right to return to the job from
which he was assigned or promoted, but during such period the union shall not
file any grievance in his behalf nor take part in the processing o f any grievance
which any such employee may personally present to the company. Upon entering
the status covered by items 2 and 3 above, and, therefore, no longer entitled to
return to the job from which he was transferred or promoted, an employee shall
immediately withdraw from membership in the union; provided, however, that
if the company, with the consent of the employee involved, shall at any time while
the employee’s status is covered by item 1 above notify the union that said
employee waives his right to return to his former job, he shall immediately upon
the giving of such notice withdraw from membership in the union.
It is understood that the company does not hereby recognize the union as the
bargaining agent for supervisory employees or any other employees who are
excluded from the union’s bargaining units under the provisions of section II of
this agreement [union membership].
Seniority Status in Interplant Transfers or Mergers
I f a company operates more than one plant, the seniority status o f
employees transferred from one plant to another may be outlined in
detail. The problem becomes complicated if employees at the different
plants are represented by different unions and/or are covered by differ
ent agreements. A union may be reluctant to agree to a provision
whereby an employee who has spent most o f his time at a plant rep
resented by another union can “bump” a member o f the union at the
home plant.
The question o f interunion reciprocity would also arise
in such a situation.
Even where an agreement is company-wide in
character, the problem exists because the employees at a given plant
may wish to protect themselves against transferees with accumulated
seniority from other plants in much the same fashion as employees
within a department seek to erect a wall around their department.
I f the transfer is temporary, the employee may continue to retain or
accumulate seniority in his home plant. In permanent transfers, he
may carry his seniority with him to the new plant.
The seniority rights o f employees in plant mergers, or when a plant
is acquired by another company having its own labor force, are some
48
COLLECTIVE BARGAINING PROVISIONS
times covered by agreements. Generally, the seniority rosters are
merged and seniority is calculated from the time of first employment
with either o f the companies. Sometimes employees o f the merged or
acquired company are rehired by the new company on the basis o f their
seniority in the old company.
192. Employee Transferred to Given Plant Exercises Company Seniority With
Mutual Agreement of Local Union and Company
An employee of any other plant of the company who is not employed at th e-----plant on the effective date of this agreement, but who is thereafter transferred to
th e ------ plant, may exercise his company seniority upon the mutual agreement o f
the executive board of the local union and the company.
N o te .—This
agreement covers several plants of a company in different States.
193. Transfers to and
Differentiated
from
Plant
Under
Agreement—Seniority
Status
The transfer of an employe to ----- works from any other property of the
company, or any of its affiliates, will not be permitted to affect unfairly the
plant or departmental seniority or any employe a t ------ works, due consideration
being given to insure fair treatment to the employe transferred, as agreed upon
with the committee of lo c a l------ prior to the placement of such employe.
If any employe is temporarily transferred fr o m ------to any other property of
the company or any of its affiliates, he shall continue to accumulate seniority in
the department in which he was employed a t ------ works at the time of transfer,
and upon his return to ------ works will be reinstated in the department and
classification to which his seniority would have entitled him had he remained at
------ works.
194. Transfers from Other Plants: Employees Put at Bottom of Seniority L ist;
Conupany-Wide Seniority Governs Employees Affected
Employees transferred from other operations of the company shall be placed at
the bottom of the plants’ seniority lists, and their seniority over each other shall
be determined by the number of years in the employ of the company, it being
mutually agreed that this section may be amended by agreement between the
company and the union.
195. Interplant Employee Transfers and Interplant Job or Department Transfers
Differentiated for Purpose of Seniority
An employee who is transferred either by the corporation or at his own
request from one plant to another plant of the corporation, shall retain his
seniority in the plant from which he was transferred for a period of twelve (12)
months from the date he last worked in the plant and shall start as a new employee
in the other plant, except as provided in paragraph 12 [below] referring to the
transfer of operations or departments from one plant to another plant of the
corporation.
When operations or departments are transferred from one plant to another
plant of the corporation, employees engaged on such operations or employed in
such departments who are out of work as a result of the transfer may if they so
desire be transferred to the other plant and carry their ranking for seniority to
the other plant.
N ote .— T h is a g r e e m e n t is c o m p a n y -w id e .
49
SENIORITY
196. Accumulated Seniority Transferred With Employee to Another Plant in
Event of Geographical Relocation
In the event of the geographical relocation in whole or in part of any of the
work performed by any of the employees covered by this agreement, the employee
affected, after due consideration for the seniority rights of the employees at the
new location, may be transferred at company expense to the new location and
given full credit for their accumulated classification seniority at the point to
which the work is transferred in whole or in part.
197. Seniority Protection in Transfers Since Certain Date
The length of service in a seniority unit of any employee who has since May 1,
1940, been transferred by the company from one yard to another yard or to the
yard of [company], or to the yard of [company], and of any employee who has at
any time been transferred or promoted to a position at the yard outside of the
bargaining unit, and who shall be transferred back into the bargaining unit or
to the yard from which he was so transferred, shall be computed from the date
on which he first began work at the yard as an employee of the company or any
predecessor to the company in the operation of the yard.
198. Mergers: Union-Management Negotiations To Protect Seniority Rights
It is further understood and agreed that all provisions
be binding upon the successors or assigns of the company.
tion or merger, representatives of the company and union
and negotiate for proper provisions for the protection of
other property rights.
of this agreement shall
In case of a consolida
will meet without delay
employee seniority and
199. Mergers: Appropriate Union or Unions Determine Seniority of Employees
Absorbed or Affected
In the event that the employer absorbs the business of another private, con
tract, or common carrier, or is a party to a merger o f lines, the seniority of the
employees absorbed or affected thereby shall be determined by the union or
unions having jurisdiction over these employees.
200. Mergers: Seniority Held in Both Companies
Operators working for a bus company which is acquired by this company will
retain the seniority acquired on the lines of such company and will have general
seniority on the lines of this company as of the date of acquisition. Likewise
operators of this company will have seniority on the lines o f the new company as
of the date of acquisition but cannot displace employees previously working for
the new company so long as they continue to work on such lines. Should the
employees exercise their general seniority, they will lose their exclusive seniority
on the company acquired.
201. Mergers: Employees of Company Absorbed Put at Bottom of Seniority List
hi the event that one company is absorbed by another, the employees of this
company may transfer to the company taking the contract, and be placed at the
bottom of the seniority list of that company, with first preference for all work
done for this former employer. The rate of pay shall not be less with the new
employer than the employee has been receiving from his old employer. If the
minimum wage, hours, and working conditions of the company absorbed differ
from those minimums set forth in this agreement, the higher of the two shall
remain in force. All other provisions of this contract shall remain in force.
50
COLLECTIVE BARGAINING PROVISIONS
202. Lay-Offs Resulting From Acquisition of Other Lines Determined by Ne
gotiation
Operators already employed on a bus line acquired by the company will retain
seniority rights acquired on such line or lines upon which they are already em
ployed, and in addition shall acquire seniority rights on the lines of the company
as of the date of acquisition. Operators employed on the lines of this company
as of the date of acquisition of another line will retain all their seniority rights
on the company and, in addition, will acquire seniority on the acquired lines as
of the date of acquisition. Operators affected thereby will carry seniority dates
showing their rank on each line. Operators acquiring seniority on other lines
shall rank among themselves in accordance with their respective ratings held
before such additional lines were acquired.
It is understood and agreed that in the event the acquisition of such lines would
result in loss of work to operators covered by this agreement, the equity of oper
ators acquired and operators of this company in such loss of work or any addi
tional work resulting from such acquisition shall be determined by negotiations
as provided for in the agreement.
203. Acquisition of New Properties—Joint Determination of Seniority of Em
ployees of New Property
It is understood that the company may at some time acquire an operating
property from another company on the understanding that the employees then
employed on such property will be continued as employees of the company. It is
agreed that if this shall occur, positions held by such employees will not be re
garded as vacancies or new positions for the purposes of this article, and that
such employees may be retained in such positions. It is further agreed that the
company and the union shall confer for the purposes of determining the seniority
rights to be granted to such employees.
Retention and Loss o f Seniority
Since management’s obligation to rehire and employees’ seniority
benefits are based generally on length of service, agreements almost
always define what constitutes a break in continuous service.
A n employee generally loses his seniority i f he is discharged for
cause, if he quits, is absent without authorization or an acceptable
excuse, or is laid off for a prolonged period.
Seniority may also be
lost if the employee works at another job during an employee-requested
leave of absence, does not report within a stated time after being
recalled to work, or fails to inform the company o f his availability for
work or o f his current address.
Employees absent from work for
legitimate cause or for reasons beyond their control— such as illness
or injury, personal leave or leave for union business, or military
service— usually retain or accumulate seniority during such absence.2
Some agreements permit an employee who is laid off to retain
seniority for a stated period after the lay-off occurs.
This lay-off
period is the same for all workers regardless of their seniority.
2 See Bulletin 908-6, Leave o f Absence ; M ilitary Service Leave.
Other
SENIORITY
51
agreements give added protection to senior employees by gearing the
period of lay-off to length o f service. A 5-year man, for example,
may retain seniority during lay-off up to 2 years, whereas a worker
with less seniority retains seniority during lay-off only up to 1 year
and then loses it. Others preserve an employee’s seniority indefinitely
after lay-off provided, in some instances, the employee continues to
give notice of his desire to retain seniority and be considered for re
employment. In the latter case, retention of seniority during lay-off
would tend to assure employees of consideration for reemployment
when business picks up. Exceptions to this lay-off period may be made
in cases o f serious depression.
In some agreements, employees continue to accrue seniority during
lay-offs or leave o f absence; in others, seniority is frozen as of the
time the lay-off starts. The practical effect is the same in either case
since, if the entire plant shuts down, the relative seniority standing
of all men will remain the same, whether seniority is retained or
accrued. But where both plant and departmental seniority are rec
ognized, or where only a few departments close temporarily, minor
differences may exist in the relative standing, depending on whether
seniority was accrued or retained during lay-off.
Employees rehired after having lost their seniority are generally
considered as new employees with no credit for their previous service.
Employees rehired after a lay-off of specified duration may be required
to pass a probationary period, but, if successful, receive credit for their
former service.
GENERAL CLAUSES ON SENIORITY RETENTION AND LOSS
204. List of Reasons for Loss of Seniority
Seniority shall be deemed broken:
(1) When an employee voluntarily terminates his employment.
(2) When an employee is discharged for cause and not reinstated.
(3) When an employee is absent five working days without reporting cause
of absence to employer.
(4) Seniority shall be maintained and accumulated for a period of 2 years
from date of lay-off. At the expiration of said 2 years such seniority shall be
deemed terminated.
(5) Failure of laid off employee to report for work within five working days
after mailing of notice to report.
,(6) Failure to return to work within five working days upon completion
of leave of absence.
205. Seniority Lost if Employee Works at Other Job During Lay-Off or if LayOff Exceeds 60 Days
An employee shall cease to have seniority and his employment with the com
pany shall be considered terminated for all purposes when:
(1) He voluntarily leaves the company’s employ.
(2) He is discharged for just cause.
52
COLLECTIVE BARGAINING PROVISIONS
(3) Haying been laid off for lack of work, he fails to report within a period
of 48 hours after being recalled by post card mailed to last known address as
shown on the company’s records, unless such failure to do so is due to circum
stances beyond his control.
(4) He fails to report for work at the termination of a leave of absence or
furlough, unless such failure is due to circumstances beyond his control.
(5) He is dismissed or laid off for inefficiency.
(6) He works at another job for another company while on leave of absence.
(7) He is laid off for a period exceeding sixty (60) days.
206. Seniority Lost on Failure To Notify Company of Availability After 15-Month
Lay-Off and Each 90 Days Thereafter
When an employee has been laid off for 15 months it will be his responsibility
to notify the company that he still desires to go back to work, and shall so notify
the company at 90-day intervals thereafter. Failing to so notify the com
pany as stated above, he shall be removed from the seniority lists.
207. Seniority Lost Upon Failure To Inform Company of Availabilty for Work
and Current Address
Seniority shall automatically terminate when:
(1) An employee quits.
(2) An employee is discharged for cause.
(3) An employee fails to report for work within three (3) days, when re
called to work, unless satisfactory explanation is made to and is accepted by
the company.
(4) An employee, who has been laid off, fails to report to the company by
registered letter at least every thirty (30) days advising that he is available
for work and to keep the company informed as to his current address.
208. Limited Seniority Accrual During Specified Absences, Including Lay-Off
An employee shall continue to accrue full seniority while on force-reduction
furlough and for periods of absences on account of illness or accident disability
for a period not to exceed 2 years. An employee shall continue to accrue full
seniority while on reduced time, military furlough, union furlough and volun
tary furlough, but in the latter case, accrual of seniority shall be limited to not
in excess of 3 months in any 12 consecutive months. An employee shall continue
to accrue seniority on maternity furlough for a period not to exceed 1 year.
Employees working in a subordinate class of work as a result of force reduc
tion shall continue to accrue seniority in the higher class of work. The accrual
of seniority in the higher class of work, while in the subordinate class on account
of force reduction, shall cease at the expiration of 30 days from the date of re
call if the employee rejects such recall to the higher class of work. Seniority
shall be broken by any break in company service. An employee shall accrue
full seniority while on part-time for a period not to exceed 3 months in any 12
consecutive months. Thereafter seniority shall be computed in proportion to
time worked.
209. Specified Absences Credited to Continued Service; No Accumulation During
Lay-Off
The following absences from work shall not constitute a break of continuous
service and such absence shall be credited to the employee’s continuous service
as defined herein provided, that in the event the employee would have normally
been laid off due to lack of work during any period of absence specified in sub
SENIORITY
53
paragraphs (a), (b), (c), and ( d) hereof, seniority shall be credited to such
employee only to the date on which he would have been laid off if he had re
mained at work.
(а) Compensable accidents under the Workmen’s Compensation Law.
(б) Time spent on approved vacations under the recognized vacation-with-pay
program.
(c) Approved leave of absence.
(d) Absence due to nonoccupational accidents or sickness, including pregnancy,
shall be credited to the employee’s service for a maximum period of 1 year.
Absence beyond 1 year shall not constitute a break in continuous service but
such absence shall not be credited to the employee’s continuous service. Any
question arising as to an employee’s claim for the necessity for such absence
shall be resolved by the attending physician and the company physician.
(e) When an employee who has acquired seniority service is laid off due to
lack of work and he is reemployed within one (1) year from the date o f lay-off,
he shall be credited with the period of continuous service acquired prior to the
lay-off.
210. Seniority Not Affected by Break in Service if Employee Not Responsible for
Break
The years of continuous and uninterrupted employment provided herein shall
mean the total consecutive and uninterrupted years of service with any-----newspaper provided dismissal pay has not previously been paid, and provided
that breaks in service on the [newspaper] and break in service of not more than
6 months with any------newspaper, when occasioned by a discharge for reasons
for which the employee was not responsible, shall not be regarded as an inter
ruption in service.
211. No Seniority Accumulation During Period of Unemployment. Seniority
Already Accrued Is Not Lost Unless the Period of Absence Exceeds
1 Year
In case of a permanent lay-off by the company a regular employee will re
ceive 1 week’s pay at the current basic wages for each full year of continuous
service * * *. An employee who has been laid off or on a leave of ab
sence for a period of less than 1 year will have no lapse of service except the
actual time off.
212. Seniority Accumulates During Some Absencest Is Retained During Others
Any provisions in this agreement to the contrary notwithstanding,
(а) An employee’s seniority shall not accumulate during personal leaves of
absence or during lay-off periods; except that each employee shall be entitled to
personal leaves of absence totaling not more than six (6) days during any 1 year
of service without suffering any loss of seniority thereby.
(б) An employee’s seniority shall continue to accumulate:
1. During his absence in military service.
2. During his absence due to sickness or disability, provided the employee
gives due notice to the company and where requested provides the
company with a doctor’s certificate giving a reason for absence accept
able to the company.
3. During permitted leaves of absence to engage in union activities which
will take him away from his employment. Upon request in writing,
the company shall grant such leaves of absence for periods not to
exceed 1 year.
54
COLLECTIVE BARGAINING PROVISIONS
213. Seniority Lost A fter 2 Years’ Absence for Any Reason Except Sickness or
Injury
An employee’s seniority shall terminate: * * ♦
After an employee has been off from work for any reason for a continuous
period of two (2) years or more except for reason of sickness or injury.
214. Deduction for Leave Exceeding SO Days in Calendar Year or Sickness Exceed
ing 60 Continuous Dayst Except Compensable Injuries
Seniority shall not accumulate under any of the following conditions:
(a) Time lost in excess of 30 days in any calendar year on leaves of absence.
(b) Time lost in excess of 60 continuous calendar days thru illness or injury
except in case of------compensable injury.
215. Absence of More Than 6 Months Due to Sickness Deducted from Length of
Service Except in Compensation Cases
If an employee shall be unable to work because of sickness or bodily injury and
shall present to the company satisfactory proof of the facts to that effect, then his
length of continuous service shall not be broken but the excess of his period of
absence over 6 months shall not be included as a part of his length of continuous
service; provided, however, that an employee who shall be injured while on duty
shall accumulate credit for continuous service until the termination of the period
for which workmen’s compensation shall be payable to him.
216. Absence Due to Illness: Seniority Lost After 2 Years’ Absence I f Employee
Has Less Than 3 Years’ Service and Seniority Deducted A fter 2 Years’
Absence I f He Has Over S Years9 Service
In case of extended sickness of an employee with less than 3 years’ service, all
time over 6 months’ absence will be deducted from his seniority date and he will
be permitted a maximum of 2 years before his seniority is definitely broken.' For
employees with service of 3 years and over, all time over 2 years’ absence will be
deducted from his seniority date.
217. Seniority Accumulates During Leave for Holding Union Office
The employer hereby agrees to grant leaves of absence for periods of not more
than 1 year during which period seniority shall accumulate to any employee who
is a business agent of the union.
218. Seniority Status Retained During Union Leave
Full seniority status shall be retained by employees while acting as full-time
officers of the union, appointed officers and supervisors of the company.
219. Marriage No Cause for Loss of Seniority
Female employees who marry during the life of this agreement shall not suffer
loss of employment on such account, and shall retain their seniority standing,
220. Seniority Not Lost if Employee Retired on Company Retirement Plan
Any employee who is retired as the result of any retirement plan of the company
shall retain his seniority.
221. Deduction from Seniority for Disciplinary Lay-Offs Exceeding 7 Days
Seniority credit may be reduced by working time lost because of a disciplinary
lay-off of more than seven (7) days.
SENIORITY
55
222. No Loss of Seniority if Rehired Within 15 Days of Quit or Discharge
For the purpose of this agreement the term “continuous service” shall be the
same as seniority.
An employee shall break his seniority—
If the employee quits or is discharged for cause, except when rehired within
fifteen (15) days, and provided that in cases going to arbitration, the employee
shall not break his seniority if decision is given beyond fifteen (15) days.
* * *
223. Restoration of Seniority by Joint TJnion-Company Agreement
The seniority of an employee that has been lost under the provisions of this
section may be restored in whole or in part, by mutual agreement between the
company and the union.
224. Union Members Vote on Restoration of Seniority A fter Union Leave or Of
ficial Job With Company
Any employee accepting any official position with the employer or any posi
tion with the union or the * * * union and State Federation of Labor will
not forfeit his or her seniority, provided that upon his application to return to
his former position with the company, his original seniority be voted upon and
ratified by membership of his local union.
225. Rehired Employee Same as New Employee
Any employee who has lost his seniority who is later rehired shall be deemed
a new employee within the meaning of this agreement.
SENIORITY STATUS ON LAY-OFF
226. Seniority Accumulates for First 90 Days of Lay-Off; Retained up to 12
Months; Lost Thereafter
When employees who have been laid off for reasons beyond their control, are
later reemployed within the next twelve (12) months, their seniority rights
shall be restored. All time out of service in excess of ninety (90) consecutive
days shall be deducted from their years of service. Upon refusal to return
to work after due notice by the company, all seniority rights shall be forfeited.
227. Seniority Accumulates 6 Months After Lay-Off; Retained for 8 Years; Lost
Thereafter
Continuity of service and the employment relationship shall be broken and
terminated when— * * *
* * * an employee is absent for three (3) or more years for any reasons
other than sickness, injury, or authorized leave of absence.
Employees laid off and recalled within six (6) months shall not lose any sen
iority, Employees laid off and not recalled within six (6) months shall not ac
cumulate seniority during their lay-off, but shall have the seniority they earned
prior to their lay-off.
228. Seniority Cumulative I f Rehired Within 180 Days A fter Lay-Off; Seniority
Frozen as of Date of Lay-Off I f Rehired A fter 180 Days
When any person who had formerly worked for the company and had com
pleted at least six (6) months’ continuous and satisfactory service, and who,
without faitft on his part, had been laid off, and was or is thereafter rehired by
56
COLLECTIVE BARGAINING PROVISIONS
the company within a period of one hundred and eighty (180) days, he shall be
restored as of the date of his reemployment to the seniority status with the
company he would have had if he had not been laid off. When such former
employees are reemployed after being laid off through no fault of their own
and having remained out of the company service in excess of one hundred and
eighty (180) days, their length of service on the date of reemployment shall be
deemed to be the same as it was on the date they left the service of the company.
Provided, that this section 6 shall apply only to employees who are reemployed
after the effective date o f this agreement. The entering service date for the
purpose of determining seniority of present employees will be the same as that
established under the labor agreement of A p ril------.
229. Seniority Cumulates for 1 Year A fter Lay-Off; Seniority Retained but Not
Accumulated for Additional Year, XJpon Employee Request
Any employee laid off due to lack of work shall be carried on the records of
the company for a period of 1 year. If not called to report for work by the com
pany during such 1-year period, the employee may, within 30 days before the
expiration of such 1-year period, report to the company for work and failing
to be put to work, may register in a book kept for such purpose, thereby causing
him to be carried on the records of the company for an additional year starting
from the expiration of the first year, but without the cumulation of seniority
during such second year.
230. Seniority Accumulates for 2 Years A fter Lay-Off, Terminates Thereafter
Seniority shall be maintained and accumulated for a period of 2 years from the
date of lay-off. At the expiration of 2-year period, seniority shall be deemed
terminated.
231. Seniority Lost A fter 6- or 12-Months’ Lay-Off, Depending on Date of Lay-Off
An employee shall lose his seniority for the following reasons:
An employee laid off on or before January 17, 1947 who is laid off for six (6)
consecutive months.
An employee laid off on or after January 18, 1947 who is laid off for twelve
(12) consecutive months, except that such employee may retain his seniority
date for one (1) additional year by making application in person to the em
ployer’s industrial relations department during the twelfth month o f the first
year of his lay-off.
N ote : The date specified is about 2 weeks prior to the effective date of this
agreement.
232. Lay-Off Period Before Seniority Broken Extended in Case of Depression
Twelve (12) consecutive months of unemployment or voluntary quit or right
ful discharge breaks seniority, except in case of a serious depression lasting
more than twelve (12) months, in which case the company will recall employees
laid off more than twelve (12) months according to their seniority.
In the event there be additional work in other departments the employee
having seniority on the laid off list shall be given the work, providing he is able
and willing to do the work in the opinion of the management and the business
committee after he has been given a fair trial.
57
SENIORITY
233. No Loss of Seniority After 1-Year Lay-Off I f 25 Percent of Employees Laid
Off More Than 1 Year
During an indefinite lay-off of not more than one (1) year, seniority shall ac
cumulate. However, if such lay-off exceeds one (1) year, employees so laid
off will be dropped from employment records. If twenty-five (25) percent of
our present hourly personnel are laid off for more than one (1) year, this pro
vision will not apply.
R etention
or
Cumulation
on
Lay-Off Geared
to
Length
of
Service
234. More Than 1 Year's Service, Seniority Cumulative for 1 Year A fter Lay-Off;
Less Than 1 Year's Service, Seniority Retained for Period Equal to
Length of Service
Employees who have accumulated twelve (12) months’ seniority and who
are subsequently laid off shall continue to accumulate seniority for a period
not to exceed one (1) year, provided they report to the personnel department
within thirty-six (36) hours after being notified individually, by registered mail
or telegram at their last home address known to the company. Employees having
less than one (1) year’s service but more than thirty (30) days’ service and
who are subsequently laid off, shall retain their seniority accummulated up
to the time of the lay-off for a period of time equal to the length of their employ
ment. Employees shall be rehired after a lay-off in the reverse order of their
lay-off so far as it is practicable consistent with operations.
235. Seniority Lost A fter 12-Months' Lay-Off I f Less Than 1 Year's Seniority, or
A fter 24 Months' Lay-Off I f More Than 1 Year's Seniority
An employee shall lose his seniority rights when:
Because of lack of work he has been laid off continuously for more than
twelve (12) months, if he has less than one (1) year’s seniority; or for
more than twenty-four (24) months, if he has one (1) or more year’s
seniority.
236. A fter 4 Year's Service, Seniority Retained Indefinitely A fter Lay-Off; If
Less Than 4 Years' Service, Retained for Period Equal to Length o f
Service. Periodic Reporting to Company Necessary
Employees with less than 4 years’ seniority who are laid off through no fault
of their own, shall retain their seniority for a period equal to the term they have
served in full months, provided they report to the employment office of the
company prepared to resume employment during the last fifteen (15) days
of March, June, September, and December. Such reports may be made in person
or in writing and in either case the company will provide the employee with
a receipt.
Employees with more than 4 years’ seniority at the time of their lay-off shall
retain their seniority if they report to the employment office of the company
during the last fifteen (15) days of March, June, September, and December after
6 months from the date of their lay-off. Such report may be made in person
or in writing and in either case the company will provide the employee with
a receipt.
237. Seniority Accumulates After Lay-Off for Period Equal to Length of Service
Up to 6 Months' Maximum
Seniority rights of a laid-off employee will continue to accumulate just as if
the employee were employed for a period equal to his actual length of service
but not in excess of 6 months of the lay-off.
58
COLLECTIVE BARGAINING PROVISIONS
238. Seniority Lost A fter 12 Months’ Lay-Off or Period Equal to Accumulated
Seniority, Whichever is Greater
Employees shall lose their seniority only i f : * * *
Laid off for twelve (12) consecutive months. However, if the employee’s
seniority exceeds twelve (12) months, he shall not lose his seniority unless
he is laid off for a continuous period equal to the seniority he had accu
mulated at the time of such lay-off period.
239. Seniority Lost A fter Lay-Off Equal to Seniority; 1 Year Minimum Period,
5 Years Maximum
An employee shall lose his seniority rights for the following reasons:
(a ) If he shall quit.
(&) If he shall have been discharged for a just cause.
(c)
I f an employee has been unemployed by the company he shall lose his
seniority when the time he is unemployed equals his seniority, except that in
no case shall the period he less than one (1) year nor more than five (5) years.
240. Seniority Lost A fter Lay-Off Equal to Length of Service or 8 Years, Which
ever is Less
Seniority rights shall cease upon: * * *
Absence for a length of time equivalent to the employee’s length of service
with the company or for three (3) years, whichever is less. Cases of prolonged
illness will be taken up on their merits as special cases.
241. Seniority Retained A fter Lay-Off for 1 Year or Half of Accumulated Senior
ity, Whichever is Greater
Seniority in case of a lay-off shall be retained for a period of one (1) year,
or for one-half ( ^ ) of the established seniority, whichever is greater.
242. Preferential Rehiring to Employees Losing Seniority A fter Lay-Off. Senior
ity Loss Follounng Lay-Off Geared to Length of Service
Employees who have been laid off for more than twelve (12) months will lose
their seniority excepting those who had five (5) or more years’ seniority on
August 22,1945. The latter will lose their seniority when they have been laid off
for a period of twenty-four (24) months.
Employees who have lost their seniority by a lay-off * * * shall be placed
on a preferential list for a period of twelve (12) months in accordance with
the seniority they had previous to the lay-off and will be rehired before new
employees in their occupation.
Those on the preferential list must report at once in person or by wire when
called, in order to retain their position on the preferential list. Those who do
not report within three (3) days will be dropped.
Special Preference Based on Seniority
Special preferences based on length o f service are sometimes granted
to employees in regard to choice o f vacation time, choice o f shifts, and
working hours, preference for overtime work, and preference in job
assignments o f various types.
243. Timing of Vacation
Vacations shall be granted at such times as the employer finds most suitable,
considering both the wishes of the employees and the efficient operation of the
SENIORITY
59
plant, and preference as to the time of taking vacations shall be given to em
ployees of longest service in the department or plant, as established by the
seniority list furnished the chairman of the grievance committee by the employer.
244. Preference of Shifts When Multishift Operation Started
In case the work of the shop requires more than one (1) shift, senior employees
shall have the right of preference of shifts, and regular hours shall be established
by agreement between the company and the union.
245. Preference for Vacancies on Day Shift
In departments where more than one shift is operating the more senior em
ployees in their respective classification shall be given preference to assignment
to the day shift when a vacancy exists on the day shift. No new employees shall
be hired on the day shift until the more senior employees on the night shift have
had an opportunity to transfer to the day shift.
246. Preference for Saturday Work
Employees working on the job shall receive the overtime over the eight (8)
hours. Saturday work shall go to the oldest employee in his department in point
of service, if said employee is capable of doing the work.
As to the female help seniority for Saturday work shall go to the oldest em
ployees in point of service, if they are capable of performing the work and pro
viding they can maintain the production required of them for the job they are
put on.
247. Assignments to Special Events
Operating assignments to special events, baseball, football, etc., shall be made
in the order of seniority, either as a straight — or ------ operator, assuming
requisite qualifications. In no event shall such assignments be given to other
than regular employees in these classifications if such employees are available
except that first choice of assignment to special events, occurring within a dis
trict, shall be given to employees (managers and operators) regularly assigned
in the territory nearest the scene of special event.
248. Assignment to Piecework Jol>s
In the assignment of jobs within a department, employees with the most sen
iority in said department shall be given available piecework jobs whenever
possible. It is understood, however, that anyone claiming such jobs must be
capable, as determined by the department foreman, of performing satisfactory
work on the jobs assigned.
249. Assignment To Work on New Equipment
Selection of flight engineers from any one division for qualification on new
equipment shall be made in order of highest seniority from flight engineers who
request in writing to the company for such qualification. In the event of an
insufficient number of requests, the company shall select flight engineers in ac
cordance with highest seniority.
250. Selection of Runs
Each quarter of the calendar year flight engineers assigned at each base sta
tion shall signify their preference of runs out of the station to which they are
based. Scheduling for runs for the following quarterly period shall so far as
practicable be made in accordance with the seniority and qualifications of the
60
COLLECTIVE BARGAINING PROVISIONS
flight engineers signifying their preference for such runs, subject to change to
conform with the requirements of the service.
251. Selection of Driver's Route
In the event a vacancy occurs in a driver’s route, the drivers employed the
longest period of time may subnjit a bid for the said driver’s job. After due con
sideration, the final determination as to the disposition of the position shall be
made by the employer and the union.
Seniority Lists and Administration o f Seniority
Seniority lists, which show the relative position of employees in the
plant, department, or occupation, as the case may be, are generally
drawn up and kept up to date by the employer from employment rec
ords, sometimes with the aid o f a joint union-management committee.
The rosters are made available to employees by posting on the plant
or department bulletin boards, or by consultation in the company’s
personnel office, or through copies given to the union.
It is usually specified that the position o f employees on the seniority
roster is to be considered correct if no objections are filed within a
certain period after the lists are posted or made available for inspec
tion. Provision is frequently made, however, for handling disputes
over seniority, either through the regular grievance procedure or by
special boards set up to administer the seniority rules.
252. Seniority List Furnished to Chairman of Grievance Committee
Copies of the initial seniority list and all subsequent supplements shall be
furnished to the chairman of the grievance committee.
258. List Furnished to District Committeemen and Chief Shop Steward Each
Month
A list of all seniority standings and classifications for each division will be
furnished the district committeeman each month.
A list of all seniority standings and classifications for each department will be
furnished the chief steward each month.
254. Employer To Prepare and Maintain Seniority Lists Based on Length of
Learning Period
The employer agrees to prepare and maintain seniority lists as follow s:
(a) A separate list for each job classification for which the learning period is
more than six (6) months, including all employees in such classification;
(ft) A separate list for each department combining all employees in the depart
ment who are in job classifications for which the learning period is six (6)
months or less.
The learning periods for each job classification shall be as set forth on the
employer’s job classification cards.
255. Lists Available at Company Office
Seniority lists will be available at the offices of the company for the employees
committee and representatives of the union.
SENIORITY
256. Lists Posted on Bulletin Board,
Request
61
Current Information Furnished on
Seniority rosters shall be kept indicating the length of service of employees
and such employees shall be credited with seniority gained in each classification
of work.
Current seniority rosters for the entire system shall be posted on bulletin boards
to which employees will have access at all times. Current seniority rosters will
be kept posted at all times. Any protest in seniority rosters must be made within
thirty (30) days from date of posting or roster will stand as correct, indisputable
errors excepted. Current seniority rosters will be furnished the local [union],
and other information relative to seniority or leave of absence will be furnished
upon proper request.
257. Lists Made Part of Agreement
Seniority lists as now posted, and as revised, in the various departments, shall
be made a part of this agreement.
258. Posted List Revised Quarterly
A complete seniority list of all employees will be posted in each department on
the bulletin board within fifteen (15) days after the signing of this agreement
and shall be revised quarterly. This list will be available to all employees at
each plant at all times.
259. Semiannual Revisions Furnished to Union President
A seniority list revised each 6 months showing the seniority status of each
employee by department and plant-wide shall be furnished to the president of the
union.
To protect his seniority it is the employee’s responsibility to notify the person
nel office of his proper home address.
260. Departmental Seniority Lists Revised Every 4 Months; Plant Seniority List
Revised Annually
The company agrees to prepare a plant seniority list and departmental seniority
lists for posting on the factory bulletin boards giving in order of seniority the
name of each employee and his seniority service. The company also agrees to
revise departmental lists at four (4) month intervals and to furnish the union
with a copy of such lists. The plant seniority list shall be revised and posted
yearly.
261. Appeals on Seniority Listing Within 30 Days After Posting
Any appeals from the seniority rosters as posted shall be made through the
regular grievance procedure within 30 days of the posting; otherwise, the rosters
shall be considered correct, indisputable errors excepted.
262. Thirty-Day Appeal Extended for Returning Veterans and Employees Absent
Due to Illness or Lay-Off
Employment records covering continuous service and seniority as of April 1,
1941, shall remain in effect as they were on that date. Any employee claiming
error in his service record since April 1,1941, and the date of this agreement shall
file a grievance within thirty (30) days of the date of this agreement or such a
claim shall not be subject to adjustment or later appeal. Employees in the armed
forces of the United States or absent due to illness or lay-off on the date of this
62
COLLECTIVE BARGAINING PROVISIONS
agreement shall have thirty (30) days from the date of their return to active
employment with the company in which to file claim for correction in seniority
record.
263. Joint Seniority Board To Rule on Questions of Seniority
The seniority board, composed of two representatives of the company and two
representatives of the union, shall be continued for the life of this agreement
and unanimous decisions of this board on questions of seniority shall be final and
binding on both parties.
264. Tripartite Seniority Board
The seniority board established under this agreement between the parties shall
be continued for the life of this agreement and shall consist of two representa
tives of the employer and two representatives of the union and a neutral member
to be agreed upon by both parties. The concurrence of three members of the
seniority board shall be necessary to a decision by it, and any matter upon which
the other members are evenly divided shall be determined by the vote of the
neutral member, who shall be consulted only in such cases. The expenses of the
neutral member shall be borne equally by the employer and the union. All deci
sions by the seniority board shall be final and binding.
265. Joint Committee To Study Company Seniority Practices and Make Recom
mendations Consiste?it with Stated Objectives
Within 60 days following the date of this agreement, the company and the union
shall each designate two members to a joint committee. The committee shall
study seniority practices in effect in the company and recommend practices best
calculated to assure to the company qualified employees in each job in the interest
of safe and efficient operations and to the employees the greatest degree of oppor
tunity for advancement increasing with length of service as are consistent with
the objectives of the parties which are safe and efficient operations, protection
of the employees and cooperative employer-employee relationships. All commit
tee recommendations shall be reduced to writing, signed by the committee mem
bers, and adopted by the company and the union.
266. Temporary Deviations from Seniority Permissible
Temporary deviations may be made from seniority in cases of emergency or
prior assignment.
267. Multiplant Agreement—Local Seniority Agreements To Be Negotiated
It is mutually recognized that local seniority agreements are necessary and
must be followed by all employees to be effective, therefore, supplementary senior
ity agreements appendix “A” and “ B” shall be negotiated and become an appen
dices to this contract. However, such agreements shall not conflict with the
provisions of this contract.
268. Disputes on Employee Qualifications in Applying Seniority Subject to Griev
ance Procedure
Every effort shall be made by the company and union to agree on the qualifica
tions of an employee for any job available to him under the seniority provisions
of this contract. In determining whether an employee has qualifications for
the job involved, his previous production records, if any, on such job, as well as
his abilities and previous experience, shall be considered. In the event the union
SENIORITY
63
and company cannot agree as to the employee’s qualifications, the disagreement
shall be determined through the grievance procedures hereafter provided.
269. Disputes Over Seniority Handled Under Grievance Procedure.
Time Limit on Filing Seniority Grievances
Three-Day
All questions of seniority or length of service shall constitute a case arising
under the method of adjusting grievances herein provided and must be taken up
within three (3) working days from the date of any action giving rise to a question
or seniority or length of service.
Index
S e n io r it y
Fag«
Definition and objectives of seniority___________________________________
Clause
(1) Definition and purpose_______________________________________
(2) Statement of objective of seniority provisions__________________
(3) Definition: employee’s relative status in department, controlled
by length of service____________________________________________
(4) Seniority defined as continuous service. Continuous service
4
defined_____________________________________________
(5) Definitions of plant, departmental, and classificationseniority __
(6) Definition: total continuous service plus job performance record(7) Definition: ability and length of service_________________
4
(8) Definition: service; efficiency; application_____ ________________
(9) Equal consideration to capability, length of service, and family
status________________________________________________________
(10) Length of service governs, provided other factors are relatively
equal-------------------------------------------------------------------------------------(11) Merit considered in applying seniority__________________
5
(12) Qualifications and seniority considered. Union consulted in
determining qualifications_____________________________________
(13) Application of seniority: controlling in lay-off and rehire; given
consideration in filling vacancies____________________________
(14) Application of seniority conditioned by competency. Determina
tion of competency subject to grievance procedure______________
(15) Work, shift, or plant assignments not covered by seniority______
(16) Factors excluded in determining seniority: race, marital status,
dependents_________________________________________________
Acquisition and calculation of seniority____________________________________
(17) Seniority from date of employment_________
(18) Seniority retroactive to hiring date after 33 working days______
(19) Seniority retroactive to hiring date after 8 weeks’ accumulated
employment in any 12-month period________________________
(20) Seniority rights after 6 months’ employment in 12-month period(21) Seniority acquired by working 90 days in 24-month period; retro
active to date 90 days before seniority acquired_____________
(22) Seniority established after 24 days worked or maximum of 48 days
from hiring date, whichever h first__________________________
(23) Length of probationary period differentiated for various groups of
employees__________________________________________________
(24) Length of probationary period indeterminate up to 60 days’
maximum__________________________________________________
(25) Probationary period for common labor— 3 months; other em
ployees— 6 months_________________________________________
(26) Extension of probationary period at company request_________
(27) Reduction of probationary period at company option----------------
65
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3
4
4
4
4
4
5
5
5
5.
5
5
6
6
6
6
6
7
7
7
7
7
7
8
8
66
COLLECTIVE BARGAINING PROVISIONS
Acquisition and calculation of seniority— Continued
Page
(28) New employees and former employees who have lost seniority
must complete probationary period. Paid probationary rate
of pay--------------------------------------------------------------------------------8
(29) Union may represent probationary workers except on lay-off or
discharge, unless union discrimination charged_______________
8
(30) Determination by employment-card number___________________
8
(31) Determination by order of hiring______________________________
9
(32) Driver’s seniority dates from time he operates bus alone_______
9
(33) Seniority calculated from hour on time card___________________
9
(34) Ability determines relative position of two or more employes
who have equal length of service____________________________
9
(35) Seniority computed in years, months, and days. No deduction
for sickness or temporary lay-off____________________________
9
(36) Seniority computed in years, months, and days. Deduction for
unexcused absences_________________________________________
9
(37) General and departmental seniority-—method of calculation____
9
(38) Plant, department, and subdivision seniority—method of cal
culation____________________________________________________
10
(39) Seniority accumulated on weekly basis________________________
10
(40) Seniority equals service in job classification plus 4 months’ credit
for each year of service in other job classifications___________
10
(41) Credit for prior company seniority to employees employed at any
plant of company as of specified date; others accrue plant
seniority only, from date of employment at given plant______
10
(42) Prior company service added when 25 years’ service accrued___
10
(43) Time spent with specified companies or any newly acquired com
10
panies counted in calculation of seniority____________________
(44) Seniority computation excludes time worked prior to specified
10
date_______________________________________________________
(45) Seniority calculated with reference to specified date____________
11
(46) Plant seniority credited to department seniority, if employed in
department by specified date_______________________________
11
(47) Rules for computing seniority not to affect employees’ seniority
status as of date of agreement______________________________
11
(48) No deductions from continuous service for absence for specified
reasons.___________________________________________________
11
(49) Deduction from seniority standing for specified absences_______
11
(50) Absence from 1 to 2 years due to sickness deducted from length
of service__________________________________________________
11
(51) No accrual of seniority during maternity leave or other leaves
without pay________________________________________________
12
(52) Absences during probationary perioddeductedfrom service_____
12
(53) Time worked prior to lay-off during probationary period credited
if rehired within 6 months__________________________________
12
(54) Occasional lay-offs during probationary period ignored_________
12
(55) Seniority for part-time employment accrues at one-half regular
rate________________________________________________________
12
(56) Part-time employees: pro rata seniority cumulation geared to
assigned weekly hours______________________________________
12
(57) Part-time employees: seniority credit as ratio of part-time hours
to full-time hours. Seniority not applied to lay-off of part-time
employees__________________________________________________
12
(58) No seniority for part-time employees--------------------------------------12
SENIORITY
Acquisition and calculation of seniority— Continued
(59) Apprentice's seniority dates from time of completing apprentice
ship____________ ______ ____________________________________
(60) One year’s seniority credit on completion of apprenticeship____
(61) Veteran not previously employed given seniority credit for time
spent in armed forces_______________
(62) Union members only accrue seniority__________________________
(63) No accrual of seniority by employees initially hired outside bar
gaining unit____________________________
(64) No seniority for new employees over 60 years of age___________
The seniority unit______________________________________________________
(65) Company-wide seniority______________________________________
(66) State-wide seniority______ _______________________________ .
(67) Seniority by geographical district; modifications by mutual
agreement_________________________________________________
(68) Plant-wide seniority: promotion, demotion, increase, or decrease
of forces___________________________________________________
(69) Division seniority___________________________________________
(70) Departmental seniority_______________________________________
(71) Departmental seniority— secondary to ability in promotions____
(72) Seniority by noninterchangeable occupational groups__________
(73) Seniority by job classification within major departments_______
(74) Job classification seniority and ability in promotions, company
seniority for other purposes_________________________________
(75) Department and occupational group seniority-------------------------(76) Plant seniority for specified plants; departmental for other plants
and craft occupations in all plants________________________ _
(77) Six months’ service* for plant seniority; 48-day trial period for
departmental. Application of types of seniority specified____
(78) Combination departmental and plant seniority. Separate
seniority list for men and women___________________________
(79) Occupational, departmental, and plant-wideseniority___________
(80) Company-wide seniority except for mechanical and maintenance
employees, who have occupational seniority and also may
“ bump” into production departments_______________________
(81) Occupational seniority by departmental with up to 5 years’
service; after 5 years’ service, occupational seniority by
division____________________________________________________
(82) Occupational seniority up to 84 months’ service; modified
company-wide seniority thereafter__________________________
(83) Department seniority for new employees; plant-wide seniority
for employees with more service____________________________
(84) Separate lists for male and female employees__________________
(85) Separate lists for exclusively male jobs, exclusively female jobs,
and interchangeable jobs-----------------------------------------------------(86) Skilled and unskilled units____________________________________
(87) Seniority by units based on rate of pay________________________
(88) Special employees who work in several departments are on
seniority lists for each department in which they work_______
(89) Retention but not accumulation of seniority in more than one
department allowed________________________________________
(90) Seniority plant-wide in event of change in methods or products. _
(91) Seniority units determined by local plant negotiations in multi
plant company under master contract________________
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COLLECTIVE BARGAINING PROVISIONS
The seniority unit— Continued
Page
(92) Seniority unit may be changed by majority vote of department
and agreement with company_______________________________
22
Exceptions to seniority rules-----------------------------------------------------------------23
Trainees, specialists, and exceptional employees:
(93) Listing and definition of classes of employees exempt
from seniority_________________________________________
24
(94) Specially trained or technical men chosen without regard
to seniority___________________________________________
24
(95) Certain classes of laboratory employees not governed by
seniority_______________________________________________
24
(96) Exceptional employees not to replace employees in specified
classifications__________________________________________
24
(97) Use of trainees not to result in lay-offs of employees
covered by agreement__________________________________
24
(98) Use of technical employees not to affect status of employees
with longer service_____________________________________
25
(99) Exceptional employees may be retained at time of lay-off;
limited to 10 percent of particular seniority group_______
25
(100) Maximum number of specialists fixed at specified number or
percent of work force, whichever is smaller______________
25
(101) Exempted trainees not to exceed five; not to replace em
25
ployees with seniority__________________________________
(102) Exempted trainees not to exceed 1 percent of total employ
ment__________________________________________________
25
(103) Limit of 10 employees per department training for jobs out
side bargaining unit. Maximum of 3 months’ time on
any one jo b ______________________
25
(104) Maximum of 10 key men given superseniority equal to union
officials________________________________________________
26
(105) Number of exempt trainees not to exceed number of union
officials with preferred seniority________________________
26
(106) Designation of key employees subject to grievance pro
cedure_________________________________________________
26
(107) Joint designation of exempt employees. If no agreement,
designation by company subject to union protest through
grievance procedure____________________________________
26
(108) Exemption for specialists limited to 45 days. Disputes on
exemptions or period of exemption submitted directly to
arbitration_____________________________________________
26
(109) Joint agreement on exception to seniority rules for excep
tional workers_________________________________________
27
Union officers and representatives:
(110) Detailed listing of union officials with top seniority for lay
off. Stewards have topseniority within occupation______
27
(111) Plant committeemen have top plant seniority; local union
officers have top department seniority next to plant com
mittee; department chief stewards have top department
seniority. Chief stewards retain top seniority for 1 year
after demotion for lack of work_________________________
27
(112) Plant superseniority for union officers; district superseniority
for stewards. Ability to do available work prerequisite. _
28
(113) Top seniority in classification for union officials in lay-off
and recall only_________________________________________
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SENIORITY
Exceptions to seniority rules— Continued
Union officers and representatives— Continued
(114) Union officers head department seniority list; other repre
sentatives have length of service doubled. Two years’
service requirement____________________________________
(115) Superseniority for union officials; 5 years’ seniority bonus
to stewards____________________________________________
(116) Four years’ seniority bonus to elected union officials and
10 stewards____________________________________________
(117) Five years’ service requirement for union officers’ superseniority_______________________________________________
(118) Union representatives retained despite technological dis
placement if average in qualifications. Protection limited
to term of office________________________________________
(119) Change in number of union representatives with preferred
seniority subject to mutual consent if employment changes
substantially___________________________________________
(120) Top seniority for union officials given priority over special
seniority for skilled groups_____ : _______________________
(121) Top seniority for union officials not applicable to bidding or
distribution of overtime________________________________
Superannuated, disabled, and long-service employees:
(122) Aged or disabled workers transferred without loss of senior
ity ____________________________________________________
(123) Special seniority status to disabled employees or veterans
in shifts or transfers but not in lay-off or rehire___________
(124) Joint agreement on seniority exceptions due to physical dis
ability, family responsibilities, other good cause. Em
ployee disabled at work transferred without regard to
seniority_______________________________________________
(125) Preference on available work to employees with 25 years’
service_________________________________________________
(126) Disabled employees given 60-day rehabilitation period
without regard to seniority_____________________________
Temporary exceptions and modifications by mutual agreement:
(127) Temporary exceptions to seniority rules allowed during
special circumstances__ «.______________________________
(128) Exceptions to seniority rules allowed for limited time during
emergencies____________________________________________
(129) Procedure for handling deviation from seniority before
permanent placement of employee_____________________
(130) Modification of seniority rules by joint agreement_________
Seniority status in intraplant transfers_______ __________________________
Transfers within the bargaining unit_______________________________
Interdepartmental transfers:
(131) No loss of seniority in temporary transfers____________
(132) No loss of seniority if transfer is less than 28 days____
(133) No loss of seniority for transfers under 12 months_____
(134) Seniority lost after 90 days’ residence in new depart
ment______________________________________________
(135) Transfer up to 90 days, no loss of seniority; between
90-180 days, seniority deduction equal to length of
transfer; after 180 days,seniority lost in former job__
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COLLECTIVE BARGAINING PROVISIONS
Seniority status in intraplant transfers— Continued
Transfers within the bargaining unit— Continued
Interdepartmental transfers— Continued
(136) Inter-unit transfers within same department; seniority
in former unit transferred to new unit____________
(137) Transfers to maintenance department: seniority accum
ulation in former unit starts from date of transfer in
new unit__________________________________________
(138) Total plant seniority transferred after specified period..
(139) Fifty percent of accumulated plant seniority carried
along on transfer__________________________________
(140) Transfer of seniority in ratio of 1 month for each 3
months’ service in former unit_____________________
(141) Seniority forfeited in old department and transferred
to new department only after length of service in new
department equals time served in old_______________
(142) Original department seniority retained on transfer;
new department seniority accrues from date of
transfer. ^_______________________________ ._________
(143) Seniority in former unit lost after 90 days; new depart
ment seniority dates from date of transfer__________
(144) Seniority in former unit lost after 6 months unless trans
fer caused by reinstatement of veteran____________
(145) Seniority in former job cumulative for 1 year; date of
transfer determines new job seniority status________
(146) Seniority calculated from transfer date unless transfer
delayed for specified reasons-----------------------------------(147) Interdepartmental transfer does not affect plant
seniority____________________________ ______________
(148) Date of original hiring determines seniority in lay-offs;
date of transfer in promotions_____________________
(149) Employee transferred because of disability carries
former seniority for lay-off and rehire but not for
promotion_________________________________________
(150) Employee option within 3 months of transfer to accept
permanent transfer or returns to former jo b ________
(151) Transfer to maintenance department— employee option
within 30 days to designate department in which
total service shall be credited. In absence of notice,
seniority credited to maintenancedepartment---------(152) Seniority status on upgrading to skilled occupation___
(153) Seniority on transfer to lower or different class of work..
Company versus employee-initiated transfers:
(154) Seniority retained on company-initiated transfer; lost
on voluntary transfers_____________________________
(155) Seniority accumulates on company-initiated transfer
unless employee elects within 10 days to forfeit
former unit seniority. Seniority lost on voluntary
transfers; calculated from date of transfer to new unit
(156) Seniority retained on company-initiated transfers and
accumulates for 3 months; lost on voluntary transfers.
(157) Seniority frozen in old department on transfer for any
reason; seniority cumulative in old department on
transfer at company request_______________________
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SENIORITY
Seniority status in intraplant transfers— Continued
Transfers within the bargaining unit— Continued
Company versus employee-initiated transfers— Continued
(158) Transfer at company request—former department
seniority accrues for 1 year; seniority in new depart
ment from date of transfer. Voluntary transfer—
forfeit former department seniority; credited with
120 days' seniority in new department_____________
(159) Six-months' option to return to old department when
transferred by company; seniority forfeited when
transfer made at employee's request________________
(160) Employee-initiated transfer— seniority for lay-off and
shift transfer related to average departmental senior
ity of new department. Total seniority restored after
4 years' service in new department_________________
(161) Calculation of new department seniority same for com
pany- and employee-initiated interdepartmental
transfers. Seniority accrues in old department dur
ing company transfers_____________________________
(162) No distinction between voluntary and requested trans
fers-—seniority cumulative in department from which
transferred________________________________________
(163) No distinction between voluntary and requested trans
fers— seniority in old department lost after 2 years’
service in new department. No carry-over of
seniority__________________________________________
Transfer, merger, or discontinuance of job or department:
(164) New department discontinued— employee transferred
returns to original department with full seniority. _
(165) Job transferred to* another department— employee
transferred carries along seniority___________________
(166) Machinery transferred— seniority in new department
applies to particular machine only__________________
(167) Seniority lists merged in department mergers_________
(168) Departments or classifications merged, divided, or
established— joint agreement on seniority of em
ployees affected___________________________________
(169) Department discontinued— joint arrangement for trans
fer of employees involved__________________________
(170) Employees displaced by technological changes trans
ferred to other jobs and retain accumulated plant
seniority__________________________________________
Transfers to and from bargaining unit______________________________
(171) Seniority cumulative up to 1 year after transfer outside
bargaining unit; seniority cumulative on transfer to
supervision___________________________________________
(172) Seniority accumulates during transfer outside bargaining
unit__________________________________________________
(173) Maximum 6 months' seniority accrual for employees pro
moted to supervisor after specified date; no limit on
accrual for employees promoted previously____________
(174) Seniority accumulates during promotion to supervisor if
union membership retained______________
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COLLECTIVE BARGAINING PROVISIONS
Seniority status in intraplant transfers— Continued
Transfers to and from the bargaining unit— Continued
Page
(175) Seniority cumulative for present supervisors; frozen for
those promoted after specified date unless continue
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paying union dues____________________________________
(176) Seniority frozen on transfers after specified date; accu
mulates up to specified date for transfers prior to this
date__________________________________________________
43
(177) Union member promoted to supervision accumulates senior
ity; nonmember loses seniority inbargainingunit______
43
(178) Seniority cumulative during transfer to nonsupervisory
job outside bargaining unit; frozen during transfer to
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supervision___________________________________________
(179) Plant and departmental seniority retained for different
43
periods of time on transfer outside bargaining unit_____
(180) Company but not departmental seniority .accumulated.
44
Plant police force excluded____________________________
(181) Supervisory employee returns to former job “ without loss
of seniority” ---------------------------------------------------------------44
(182) Seniority retained for set period on transfer outside unit__
44
(183) Seniority frozen on transfer to supervision or to job outside
bargaining unit_______________________________________
44
(184) Distinction between promotion to hourly rate supervisors
and salaried supervisors_______________________________
44
(185) No accumulation of seniority for employees initially hired
outside bargaining unit_______________________________
45
Seniority status of foremen on return to bargaining unit:
(186) Foremen exempt from seniority for 1 year after demo
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tion for lack of work.Seniority cumulative__________
(187) Foremen with 3 years’ service have top seniority in
division on demotion to production work. Lesser
service foremen credited with company seniority.
Seniority preference holds for 15 months after transfer. _
45
(188) Foreman considered new employee for 6 months after
return to bargaining unit and then credited with
previous seniority in unit__________________________
45
(189) Demoted foreman placed in available job with accu
mulated plant seniority. No bumping allowed.
Must rejoin union if former union member_________
46
(190) Demoted foreman restored to former job provided no
employee displaced or wage cut. Accumulated
seniority not applicable within first 9 months_______
46
(191) Seniority status on return to bargaining unit and union
membership varies with time of return_____________
46
Seniority status in interplant transfers or mergers-------------------------------47
(192; Employee transferred to given plant exercises company seniority
with mutual agreement of local union and company________
48
(193) Transfers to and from plant under agreement— seniority status
differentiated______________________________________________
48
(194) Transfers from other plants: employees put at bottom of senior
ity list; company-wide seniority governs employees affected—
48
(195) Interplant employee transfers and interplant job or depart
ment transfers differentiated for purpose of seniority-----------48
SENIORITY
Seniority status in interplant transfers and mergers— Continued
(196) Accumulated seniority transferred with employee to another
plant in event of geographical relocation___________________
(197) Seniority protection in transfers since certain date____________
(198) Mergers: union-management negotiations to protect seniority
rights-------------------------------------------(199) Mergers: appropriate union or unions determine seniority of
employees absorbed or affected____________________________
(200) Mergers: seniority held in both companies___________________
(201) Mergers: employees of company absorbed put at bottom of
seniority list______________________________________________
(202) Lay-offs resulting from acquisition of other lines determined
by negotiation_________________________
(203) Acquisition of new properties—joint determination of seniority
of employees of new property______________________________
Retention and loss of seniority_________________________________________
General clauses on seniority retention and loss:
(204) List of reasons for loss of seniority-----------------------------------(205) Seniority lost if employee works at other job during la 7 -off or
if lay-off exceeds 60 days_______________________________
(206) Seniority lost on failure to notify company of availability
after 15-month lay-off and each 90 days thereafter______
(207) Seniority lost upon failure to inform company of availability
for work and current address___________________________
(208) Limited seniority accrual during specified absences, including
lay-off_________________________________________________
(209) Specified absences credited to continuous service; no accumu
lation during lay-off-----------------------------------------------------(210) Seniority not affected by break in service if employee not re
sponsible for break__ __________________________________
(211) No seniority accumulation during period of unemployment.
Seniority already accrued is not lost unless the period of
absence exceeds 1 year_________________________________
(212) Seniority accumulates during some absences, is retained
during others__________________________________________
(213) Seniority lost after 2 years’ absence for any reason except
sickness or injury______________________________________
(214) Deduction for leave exceeding 30 days in calendar year or
sickness exceeding 60 continuous days, except compensable
injuries________________________________________________
(215) Absence of more than 6 months due to sickness deducted
from length of service except in compensation cases_______
(216) Absence due to illness: seniority lost after 2 years’ absence
if employee has less than 3 years’ service and seniority
deducted after 2 years’ absence if he has over 3 years’
service_________________________________________________
(217) Seniority accumulates during leave for holding union office__
(218) Seniority status retained during union leave_______________
(219) Marriage no cause for loss of seniority_____________________
(220) Seniority not lost if employee retired on company retirement
plan_____________________________________________ ^____
(221) Deduction from seniority for disciplinary lay-offs exceeding
7 days..........................
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COLLECTIVE BARGAINING PROVISIONS
Retention and loss of seniority— Continued
General clauses on seniority retention and loss— Continued
Page
(222) No loss of seniority if retired within 15 days of quit or dis
charge_________________________________________________
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(223) Restoration of seniority by joint union-company agreement55
(224) Union members vote on restoration of seniority after union
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leave or official job with company______________________
(225) Rehired employee same as new employee__________________
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Seniority status on lay-off:
(226) Seniority accumulates for first 90 days of lay-off; retained up
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to 12 months; lost thereafter___________________________
(227) Seniority accumulates 6 months after lay-off; retained for
3 years; lost thereafter_________________________________
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(228) Seniority cumulative is rehired within 180 days after lay-off;
seniority frozen as of date of lay-off if rehired after 180
days___________________________________________________
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(229) Seniority cumulates for 1 year after lay-off; seniority retained
but not accumulated for additional year, upon employee
*request________________________________________________
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(230) Seniority accumulates for 2 years after lay-off, terminates
thereafter__________________________________
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(231) Seniority lost after 6- or 12-months’ lay-off, depending on
date of lay-off-------------------------------------56
(232) Lay-off period before seniority broken extended in case of
depression_____________________________________________
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(233) No loss of seniority after 1-year lay-off if 25 percent of
employees laid off more than1 year_____________________
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Retention or cumulation on lay-off geared to length of service:
(234) More than 1 year’s service, seniority cumulative for 1
year after lay-off; less than 1 year’s service, seniority
retained for period equal to length of service________
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(235) Seniority lost after 12-months’ lay-off if less than 1 year’s
seniority, or after 24 months’ lay-off if more than 1
year’s seniority____________________________________
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(236) After 4 years’ service, seniority retained indefinitely
after lay-off; if less than 4 years’ service, retained for
period equal to length of service. Periodic reporting
to company necessary_____________________________
57
(237) Seniority accumulates after lay-off for period equal to
length of service up to 6 months’ maximum________
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(238) Seniority lost after 12-months’ lay-off or period equal to
accumulated seniority, whichever is greater________
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(239) Seniority lost after lay-off equal to seniority; 1 year
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minimum period, 5 years maximum________________
(240) Seniority lost after lay-off equal to length of service or
3 years, whichever is less__________________________
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(241) Seniority retained after lay-off for 1 year or half of
accumulated seniority, whichever is greater________
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(242) Preferential rehiring to employees losing seniority after
lay-off. Seniority loss following lay-off geared to
length of service__________________________________
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SENIORITY
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Special preference based on seniority-----------------------------------------------------(243) Timing of vacation____________________________________ _____
(244) Preference of shifts when multishift operation started_________
(245) Preference for vacancies on day shift_________________________
(246) Preference for Saturday work________________________________
(247) Assignments to special events________________________________
(248) Assignment to piecework jobs________________________________
(249) Assignment to work on newequipment_______________________
(250) Selection of runs------------------------------------------------------------------(251) Selection of driver’s route___________________________________
Seniority lists and administration of seniority___________________________
(252) Seniority list furnished to chairman of grievance committee___
(253) List furnished to district committeemen and chief shop steward
each month_________________________________________________
(254) Employer to prepare and maintain seriority lists based on length
of learning period_____________________________________
(255) Lists available at company office_____________________________
(256) Lists posted on bulletin board. Current information furnished
on request________________________________________________
(257) Lists made part of agreement________________________________
(258) Posted list revised quarterly____ _____________________________
(259) Semiannual revisions furnished to union president____________
(260) Departmental seniority lists revised every 4 months; plant
seniority list revised annually______________________________
(261) Appeals on seniority listing within 30 daysafter posting_______
(262) Thirty-day appeal extended for returning veterans and em
ployees absent due to illness or lay-off_____________________
(263) Joint seniority board to rule onquestionsof seniority___________
(264) Tripartite seniority board____________________________________
(265) Joint committee to study company seniority practices and make
recommendations consistent with stated objectives_________
(263) Temporary deviations from seniority permissible-------------------(267) Multiplant agreement— local seniority agreements to be nego
tiated_____________________________________________________
(268) Disputes on employee qualifications in applying seniority subject
to grievance procedure______________________ _______________
(269) Disputes over seniority handled under grievance procedure.
Three-day time limit on filingsenioritygrievances___________
For sale by the Superintendent of Documents, U. S. Government Printing Office
Washington 25, D. C. - Price 20 cents
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@FedFRASER